HomeMy WebLinkAbout19-04 Barron Appeal Findings & Decision -lno,r-),+n .:- A 11 iS-o n�rb r
`Tbwr� Ct4!`k.
Cycle- C)J.ce
FINDINGS AND DECISION OF THE ZONING BOARD OF APPEALS TOWN OF LANSING
ZONING BOARD OF APPEALS
TOWN OF LANSING
In the Matter of the Application of Cathy Barron,for an Appeal and Review
of the Town of Lansing Zoning Ordinance as it relates to Section 503 Scheule 1
&Definitions & Decision of Code Inforcement Officer.
-----------------------------------------------------------------------------------------------------------------------------------
FINDINGS OF FACT:
On February 13, 2019, Cathy Barron,filed an appeal with the Zoning Board of Appeals for the review
of the Town of Lansing Zoning Ordinance as it relates to Section 503 Schedule 1 & Definitions &
Decision of Code Inforcement Officer. A copy of which is attached hereto as Exhibit A and made a
part hereof.
1. Due notice was given of a public hearing to be held by the Board on March 19, 2019. A copy of
the notice was published in The Ithaca Journal, the official newspaper of the Town, on Friday, March
8, 2019, and posted on the Town of Lansing website, and supplemental access to information and the
record on appeal was made available at least one week prior to the March 19,2019 appeal date.
2. Written notice was given to property owners within 600 feet of the subject property,as measured
based upon maps and information supplied by the Tompkins County Assessment Office.
3. An appeal hearing and a public hearing were held by this Board on March 19, 2019 at 6:30 pm.
Appellants appeared and spoke on behalf of the application for appeal and presented evidences and
arguments and witnesses who elaborated on the contents of the petition and the issues presented in
the underlying zoning determination and this appeal. Numerous residents of the Town of Lansing also
spoke thereupon and a record of all such proceedings was duly kept and recorded.
4. Respondent is the Lansing Planning Consultant, Michael Long who described his zoning
interpretation of the Land Use Ordinance, submittal from Code Officer included in writing in Exhibit
B with and attached hereto and made a part hereof.
5. Respondent is Kurt Martin the Property owner of 59 Emmons Road who described his process
with Michael Long and the Planning Board,including in writing in Exhibit C with and attached hereto
and made a part hereof.
6. The property is located within the Rural Agriculture District (RA) as defined by the Town's
Land Use Ordinance.
7. The land use under review is an allowed use in such district, and the proposed use of the land
is for a Bed and Breakfast and Banquet Hall/Reception Venue.
Page 1 of 2
8. Section 503.Schedule 1,C. Business Uses #32 of the Town's Land Use Ordinance governs what
may be required, and the Planning Consultant's interpretation as to how Sec. 503 was applied to this
particular use and project plans is the subject of this appeal.
9. Additional facts relevant to the determination as found by the ZBA at the hearing and public
hearing include the following:
Definition of Bed &Breakfast as it pertains to this propeft seems to be consistant with what is
found in the Zoning Ordinance.
In regard to the definition of Banquet Hall/geception Venue,the adiective'small does not pertain
to all items listed on that definition.
The Zoning Board of Appeals feels they have addressed what the applicant has requested.
CONCLUSIONS AND FINDINGS:
1. The proposed Appeal is seeking interpretation of Zoning Ordinance as it relates to section 503
Schedule 1 & definitions & Appeal of decision of Code Enforcement Officer from the ZBA, The exact
nature of the appeal and the requested relief sought is more specifically set forth in the appeal,and the
ZBA will proceed to consider and adopt,at this time, one of the next following provisions,namely,to
grant, deny,or further deliberate upon this appeal.
2. The ZBA DENIES the appeal and determines that the underlying interpretation and
application of the Land Use Ordinance was correct. In this respect, the following additional findings
are made:
No additional findings as number 9 covers it.
Motion by: Judy Drake (Motion to Deny)
Seconded by: Peter Larson III
Judy Drake- Aye
Peter Larson III - Aye
Melanie Malone, Alternate-Nay
Linda Hirvonen- Aye The motion has been seconded and carried by a majority vote.
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