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Home My WebLink About2019-05-21 Approved ZBA Minutes APPROVED 1 Town of Lan s i n g 2 Zoning Board of Appeals Meeting 3 Tuesday, May 21, 2019 6:30 PM 4 Present Absent 5 Judy Drake 6 Maureen Cowen 7 Linda Hirvonen 8 Peter Larson III 9 Melanie Malone, Alternate 10 Henry (Hurf) Sheldon, Chair 11 12 Other Staff Present 13 Lynn Day, Code Enforcement Officer Katrina Binkewicz, Town Board Liaison 14 Tom Butler, Planning Board Alternate Sue Munson, Information Aide 15 16 Public Present (1) 17 Steven Smith 18 19 General Business 20 Chair Hurf Sheldon Opened the meeting of Tuesday, March 21, 2019 at 6:30pm. 21 22 Motion to Approve the Minutes of March 19, 2019 as amended 23 Motion by: Maureen Cowen Seconded by:Judy Drake (Motion seconded and carried) 24 25 Motion to open the Public Hearing for Smith Area Variance located at 30 Salmon Creek 26 Road. Tax Parcel #26.-6-3 at 6:34 p.m. 27 Motion by: Peter Larson III Seconded by: Linda Hirvonen (Motion seconded and carried) 28 29 The Official Public Notice was published on May 8, 2019 as required. 600' parcel notices were 30 mailed on May 10, 2019. 31 32 The application is for an Area Variance from Section 504, Schedule II Area, Frontage,Yard, 33 Heights and Coverage Requirements. The required minimum side yard setback for 30 34 Salmon Creek Road property is 10'. Applicant is requesting a 5' side yard setback on the 35 western border to locate a garage by the house. 36 37 Applicant gave a brief description; He was trying to locate the garage behind the house. To 38 accomplish this he would have to remove and truck at least 700 yard of dirt to another 39 location. Very costly and disruptive to the hill behind the house. By moving the garage 40 forward a bit and closer to the property line on the west side of the parcel, the amount of dirt 41 to be trucked away should be around 150 yards. 42 43 Summary of Board Discussion with Steven 44 - The height for the garage would be similar to the porch roof height. Page 1 of 4 APPROVED 45 - The garage could be located right next to the porch and still be considered a detached 46 structure. The pitch of the roof would then need to change if the location is right next 47 to the porch. 48 49 Motion to close the Public Hearing for Smith Area Variance at located at 30 Salmon Creek 50 Road. Tax Parcel #26.-6-3 at 6:47 p.m. 51 Motion by: Linda Hirvonen Seconded by: Judy Drake (Motion seconded and carried) 52 53 AREA VARIANCE FINDINGS AND DECISION 54 TOWN OF LANSING ZONING BOARD OF APPEALS 55 56 BACKGROUND INFORMATION 57 58 Applicant: Steven Smith Variance No: 19-05 59 30 Salmon Creek Road Zoning District: R2 60 Lansing, NY 14882 Mailing 600' Notices on: May 10, 2019 61 Notice to County Sent on: N/A 62 Public Hearing Published: May 8, 2019 63 Property Location: 30 Salmon Creek Road 64 Tax Parcel #: 26.-6-3 65 66 Requirement for which Area Variance is requested: Minimum Yard Set Back-Side 67 68 Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504, 69 Schedule II Area, Frontage, Yard, Heights and Coverage Requirements. 70 71 RESOLUTION AND FINDINGS 72 73 WHEREAS, Steven Smith, Owner and Applicant, has applied for an Area Variance to build a 74 Garage that is not compliant with the required minimum of 10' with a total accumulation 75 requirement of 25' of both sides of the property lines. Applicant is seeking a 5' variance from 76 the minimum yard setback- side, thus requiring an Area Variance per Section 1100.3 of the 77 Zoning Ordinance. 78 79 WHEREAS, on May 21, 2019 the Town of Lansing Zoning Board of Appeals (the "ZBA") 80 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the 81 applicant in support of the requested area variance; (ii) all other information and materials 82 properly before the ZBA;and (iii) the issues and impacts raised for consideration by neighbors, 83 the public, and the ZBA; and 84 85 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) 86 (such that no further environmental review is required) and this matter also does not require 87 a GML Section 239 review; so, upon due deliberation upon the foregoing, the application, and 88 all evidence and testimony presented to the ZBA, 89 90 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 91 Page 2 of 4 APPROVED 92 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following 93 findings with respect to the specific criteria for area variances as set forth in Town Law § 267- 94 b(3)(b), and other applicable provisions of law and of the Zoning Ordinance: 95 96 a.Whether an undesirable change will be produced in the character of the neighborhood or 97 a detriment to nearby properties will be created by the granting of the area variance? 98 99 Yes No X In Character with the existing neighborhood 100 101 b. Whether the benefit sought by the applicant can be achieved by some method, feasible 102 for the applicant to pursue, other than an area variance? 103 104 Yes No X The property is narrow with a hill as a backyard which would require 105 trucking at least 700 yards of earth to another location if not granted a variance 106 107 c. Whether the requested area variance is substantial? 108 109 Yes No X Not substantial when comparing the setbacks of the neighboring parcels 110 III d. Whether the proposed variance will have an adverse effect or impact on 112 the physical or environmental conditions in the neighborhood or district? 113 114 Yes No X Conforms to and enhances existing property 115 116 e. Whether the alleged difficulty was self-created? 117 118 Yes X No Applicant is choosing to add a wider (than average) single-car garage 119 120 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 121 122 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that 123 the following area variance is GRANTED, with any conditions hereafter stated (if any), it 124 being further found and determined that (i) the benefit to the applicant outweighs any 125 potential negative impacts or detriment to the neighborhood or community; and (ii) such 126 area variance is the minimum necessary as adequate to grant relief and, at the same time, 127 preserve and protect the character of the neighborhood and the safety and welfare of the 128 community. 129 130 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 131 To allow a 5' setback for the garage structure on the west property line instead of the required 132 10' setback in the Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504, Schedule II 133 Area, Frontage,Yard, Heights and Coverage Requirements. 134 135 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED: 136 Yes X No 137 138 STATEMENT OF CONDITIONS: Page 3 of 4 APPROVED 139 1. As variances are exceptions based upon exigent need or emergency, should applicant 140 fail to avail itself of the benefits of the above-described area variance within one year 141 from the date hereof, this approval and such area variance shall expire. In cases where 142 construction may be applicable, "avail itself of the benefits" shall mean a building 143 permit obtained (if necessary) and substantial construction as commenced. Said one- 144 year approval period may be extended for good cause by the ZBA if application for an 145 extension is submitted before the expiration of the then applicable variance period. 146 147 148 It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request 149 for an Area Variance is APPROVED 150 151 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND 152 RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS 153 FOLLOWS: 154 155 Motion by: Maureen Cowan 156 Seconded by: Linda Hirvonen 157 158 Judy Drake -Aye 159 Maureen Cowan-Aye 160 Linda Hirvonen-Aye 161 Peter Larson III -Aye 162 Hurf Sheldon-Aye 163 164 Dated: May 21, 2019 165 166 Received and filed in the Lansing Town Clerk's Office 167 168 Planner Update: 169 Discussion on training times. All ZBA members felt they could make it on Tuesday,June 4, 170 2019 at 6:30 pm. 171 172 Motion to close the meeting and Adjourn Meeting at 7:03 p.m. 173 Motion by: Linda Hirvonen Seconded by: Maureen Cowen (Motion carried) 174 175 Minutes taken and executed by Sue Munson Page 4 of 4