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HomeMy WebLinkAbout19-06 Hittleman Area Variance Findings & Decision AREA VA,l`IIANCE TTINDINGS AND DECEaJON 'OWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicants: Margo Hittleman Variance No: 19-06 &Richard Lansdowne Zoning District: RA 506 Scofield Road Mailing 600' Notices on: 7/2/19 Groton, NY 13073 Notice to County Sent on: N/A Public Hearing Published: 7/3/19 Property Location: 506 Scofield Road Tax Parcel #: 30.4-6.1 Requirement for which Area Variance is requested: Minimum Yard Set Back- Frontage 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,Margo Hittleman,Owner and Applicant,has applied for an Area Variance to build an open carport that is not compliant with the required minimum of 60' from the center of the road. Applicant is seeking a 10' to 12' variance from the required Land Use Frontage setback, Sec. 504, Schedule II, thus requiring an Area Variance per Section 1100.3 of the Zoning Ordinance. WHEREAS, on July 16, 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 under 6 NYCRR Part 617.5 (c)(17) (such that no further environmental review is required) and this matter also does not require a GML 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 Findings: New Structure will not change character of neighborhood Page 1 of 3 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? Yes_ No X Findings: Cost, Environment, project cannot be redesigned in a way that achieves the benefit the applicant is seeking c. Whether the requested area variance is substantial? Yes No X Findings: Not too close to road, zoning changed in 2015;principal structure built in 1991 would have only required a 5'variance 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 Findings: Limiting the environmental impact on adjacent wetland e.Whether the alleged difficulty was self-created? Yes_ No X Findings: Property as located provides no reasonable location 2. DETERMINATION BASED ON THE ABOVE FACTORS,(choose one): It is hereby determined by the Town of Lansing Zoning Boa'rd of`Appeals (the "ZBA") that the following area variance is GRANTED with any condition S,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: Construction as Proposed ARE CONDITIONS IMPOSED VITITH RESPECT TO THE AREA VARIANCE AS GRANTED: Yes _ No X No;Conditions STATEMENT OF CONDITIONS: 1. As variances are exceptions based upon exigent need or emergency, should applicant fail toy av'ail itself of the benefits of the above-described area variance within one year from the'date hereof, this approval and such area variance shall expire. In cases where construction may be applicable, "avail itself of the benefits" shall mean a building hermit obtained (if necessary) and substantial construction as commenced. Said one- year approval period may be extended for good cause by the ZBA if application for an extension is submitted before the expiration of the then applicable variance period. It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request for an Area Variance is GRANTED Page 2 of 3 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 Seconded by: Melanie Malone Judy Drake - Aye Maureen Cowan- Aye Melanie Malone - Aye Hurf Sheldon- Aye Dated: July 16, 2019 Received and filed in the Lansing Town Clerk's Office on July 29, 2019 Jessie Hall Deputy Town Clerk Town of Lansing Tompkins County,New York f Page 3 of 3