HomeMy WebLinkAbout19-03 Socaris Area Variance Findings & Decision CO-1. AYlande, sry Tkw-&C�i'C
AREA VARIANCE(FINDINGS AND DECISION [`Owc\ Cleo
OWN OiF LANSING ZONING BOARD OF APPEALS 0 ode. C)�C'-9--
BACKGROUND INFORMATION
Applicant: Amanda Smith-Socaris Variance No: 19-03
400 5th Street Zoning District: R1
Watkins Glen, NY 14891 Mailing Notices on: 3/12/2019
Notice to County Sent on: N/A
SEQRA Hearing Held On: N/A
Property Location: 139 East Lake Road
Tax Parcel #: 42.4-54.13
Requirement for which Variance is Requested: Side Yard Set Back
Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504,
Schedule II Area,Frontage,Yard, Heights and Coverage Requirements.
RESOLUTION AND FINDINGS
WHEREAS,Amanda Smith-Socaris has applied for an Area Variance to build a deck that is not
compliant with the 15' side yard setback for(R1)Zone. Amanda is asking for an 11' setback on
the south side, the need for variance arose after redesigning the house in a way that is more
formable to neighbors & home owners association (eliminated 2nd story, eliminated large
masonry back/side porch at ground level) thus requiring an Area Variance per Section 1002.0
of the Zoning Ordinance Permission to Alter or Enlarge; and
WHEREAS, on March 19, 2019 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 variance; (ii) all other information and materials
properly 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 a Type II Action (such that no further
environmental review is required) and this matter also does not require a Section 239 review;
so,upon due deliberation upon the foregoing,the 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 area variances as set forth in Town Law§ 267-
b(3)(b),and other applicable provisions of law and of the Zoning Ordinance:
a.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?
Yes _ No X
b. Whether the benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than an area variance?
Page 1 of 2
Yes X No But,property owner has already worked to change the design of the house
to better meet the needs of the neighborhood.
c.Whether the requested area variance is substantial?
Yes_ No X If you look at the footprint of the house as a whole it is a minor area. Not
substantial.
d. Whether the proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district?
Yes_ No X
e.Whether the alleged difficulty was self-created?
Yes X No
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 GRANTED,with any conditions hereafter stated (if any),it
being further found and determined that (i) the benefit to the applicant outweighs any
potential negative impacts or detriment to the neighborhood or community; and (ii)such
area variance is the minimum necessary as adequate to grant relief and, at the same time,
preserve and protect the character of the neighborhood and the safety and welfare of the
community.
DESCRIPTION OF SPECIFIC VARIANCE GRANTED:
To permit an Area Variance of the setback on the south side of the house to 11'.
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND
RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS
FOLLOWS:
Motion by: Judy Drake (Motion to Grant)
Seconded by: Peter Larson III
Judy Drake - Aye
Peter Larson III-Aye
Melanie Malone, Alternate-Aye
Linda Hirvonen-Aye Motion has been seconded and carried unanimously.
Dated: March 19,2019
Received and filed in the Lansing Town Clerk's Office on March 20,2019
(seal) Debbie Munson
Town Clerk
Town of Lansing
Tompkins County,New York
Page 2 of 2