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Home My WebLink About2019-07-16 APPROVED ZBA MINUTES APPROVED I Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday,July 16, 2019 6:30 PM 4 Present Absent 5 Judy Drake Linda Hirvonen 6 Maureen Cowen Peter Larson III 7 Melanie Malone, Alternate 8 Henry (Hurf) Sheldon, Chair 9 10 Other Staff Present 11 C. J. Randall, Director of Planning Lynn Day, Code Enforcement Officer 12 Katrina Binkewicz, Town Board Liaison 13 14 Public Present (2) 15 Margo Hittlemen Richard Lansdowne 16 17 General Business 18 Chair Hurf Sheldon Opened the meeting of Tuesday,July 16, 2019 at 6:30pm. 19 20 Motion to Approve the Minutes of May 21,2019 21 Motion by: Judy Drake Seconded by: Maureen Cowen (Motion seconded and carried) 22 23 Motion to open the Public Hearing for Hittleman &Lansdowne Area Variance located at 24 506 Scofield Road. Tax Parcel #30.-1-6.1 at 6:37 p.m. 25 Motion by: Judy Drake Seconded by: Melanie Malone (Motion seconded and carried) 26 27 The Official Public Notice was published on July 3, 2019 as required. 600' parcel notices were 28 mailed on July 2, 2019. 29 30 The Applicants are requesting an Area Variance from Section 504, Schedule II Area, Frontage, 31 Yard, Heights and Coverage Requirements. The required minimum front yard setback is 60' 32 from the center of the road. Applicants from 506 Scofield Road property are asking for a 10'to 33 12' front yard setback variance. 34 35 Applicants gave a brief description: They would like to build a 20' x 24' x 8' Pavilion style 36 (open side) carport over the area where they currently park their cars. The only possible 37 alternative will require extensive fill to a small wetland habitat. They did not want to damage 38 the habitat or pay the added expense to make the wetland area stable. The requested area the 39 applicant is seeking to locate the carport is inconspicuous and hidden from the road and the 40 neighbors by mature trees. 41 42 Summary of Board Discussion with Hittleman and Lansdowne 43 - The area is limited unless they disturb the wetlands 44 - Only one tree would need to be taken down 45 - Variance request includes the overhang of the carport Page 1 of 4 APPROVED 46 - Carport is just enough to fit both their vehicles 47 - 2015 Land Use Ordinance increased the requirement of front yard setbacks to 60' from 48 55' in the Rural Agricultural (RA) Zoning District 49 - Fire Access would be the same situation with or without the carport in place. 50 - Plenty of room between existing buildings 51 52 Public Comments: 53 Two letters of support from neighboring houses with the largest possible impact 54 55 No verbal comments 56 57 Motion to close the Public Hearing for Hittleman &Lansdowne Area Variance at located 58 at 506 Scofield Road. Tax Parcel #30.-1-6.1 at 6:53 p.m. 59 Motion by: Judy Drake Seconded by: Melanie Malone (Motion seconded and carried) 60 61 AREA VARIANCE FINDINGS AND DECISION 62 TOWN OF LANSING ZONING BOARD OF APPEALS 63 64 BACKGROUND INFORMATION 65 66 Applicants: Margo Hittleman Variance No: 19-06 67 &Richard Lansdowne Zoning District: RA 68 506 Scofield Road Mailing 600' Notices on: 7/2/19 69 Groton, NY 13073 Notice to County Sent on: N/A 70 Public Hearing Published: 7/3/19 71 72 Property Location: 506 Scofield Road 73 Tax Parcel #: 30.-1-6.1 74 75 Requirement for which Area Variance is requested: Minimum Yard Set Back -Frontage 76 77 Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504, 78 Schedule II Area, Frontage, Yard, Heights and Coverage Requirements. 79 80 RESOLUTION AND FINDINGS 81 82 WHEREAS, Margo Hittleman, Owner and Richard Lansdowne, Applicant, have applied for 83 an Area Variance to build an open carport that is not compliant with the required minimum of 84 60' from the center of the road. Applicants are seeking a 10' to 12' variance from the required 85 Land Use Frontage setback, Sec. 504, Schedule II, thus requiring an Area Variance per Section 86 1100.3 of the Zoning Ordinance. 87 88 WHEREAS, on July 16, 2019 the Town of Lansing Zoning Board of Appeals (the "ZBA") 89 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the 90 applicant in support of the requested area variance; (ii) all other information and materials Page 2 of 4 APPROVED 91 properly before the ZBA;and (iii) the issues and impacts raised for consideration by neighbors, 92 the public, and the ZBA; and 93 94 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) 95 (such that no further environmental review is required) and this matter also does not require 96 a GML Section 239 review; so, upon due deliberation upon the foregoing, the application, and 97 all evidence and testimony presented to the ZBA, 98 99 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 100 101 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following 102 findings with respect to the specific criteria for area variances as set forth in Town Law § 267- 103 b(3)(b), and other applicable provisions of law and of the Zoning Ordinance: 104 105 a.Whether an undesirable change will be produced in the character of the neighborhood or 106 a detriment to nearby properties will be created by the granting of the area variance? 107 108 Yes No X Findings: New Structure will not change character of neighborhood 109 b. Whether the benefit sought by the applicant can be achieved by some method, feasible 110 for the applicant to pursue, other than an area variance? 111 Yes No X Findings: Cost, Environment, project cannot be redesigned in a way that 112 achieves the benefit the applicant is seeking 113 114 c. Whether the requested area variance is substantial? 115 Yes No X Findings: Not too close to road, zoning changed in 2015;principal structure 116 built in 1991 would have only required a 5'variance 117 118 d. Whether the proposed variance will have an adverse effect or impact on 119 the physical or environmental conditions in the neighborhood or district? 120 Yes No X Findings: Limiting the environmental impact on adjacent wetland 121 122 e. Whether the alleged difficulty was self-created? 123 Yes No X Findings: Property as located provides no reasonable alternate location 124 125 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 126 127 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that 128 the following area variance is GRANTED with any conditions hereafter stated (if any), it 129 being further found and determined that (i) the benefit to the applicant outweighs any 130 potential negative impacts or detriment to the neighborhood or community; and (ii) such 131 area variance is the minimum necessary as adequate to grant relief and, at the same time, 132 preserve and protect the character of the neighborhood and the safety and welfare of the 133 community. 134 135 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 136 Construction as Proposed Page 3 of 4 APPROVED 137 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED: 138 Yes No X No Conditions 139 140 STATEMENT OF CONDITIONS: 141 1. As variances are exceptions based upon exigent need or emergency, should applicant 142 fail to avail itself of the benefits of the above-described area variance within one year 143 from the date hereof, this approval and such area variance shall expire. In cases where 144 construction may be applicable, "avail itself of the benefits" shall mean a building 145 permit obtained (if necessary) and substantial construction as commenced. Said one- 146 year approval period may be extended for good cause by the ZBA if application for an 147 extension is submitted before the expiration of the then applicable variance period. 148 149 It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request 150 for an Area Variance is GRANTED 151 152 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND 153 RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS 154 FOLLOWS: 155 156 Motion by: Judy Drake 157 Seconded by: Melanie Malone 158 159 Judy Drake -Aye 160 Maureen Cowen-Aye 161 Melanie Malone -Aye 162 Hurf Sheldon-Aye 163 164 Dated: July 16, 2019 165 166 Received and filed in the Lansing Town Clerk's Office 167 168 Planner Update: 169 Tonight's training following this meeting has been cancelled 170 171 Motion to close the meeting and Adjourn Meeting at 7:03 p.m. 172 Motion by: Maureen Cowen Seconded by: Melanie Malone (Motion carried) 173 174 Minutes executed by Sue Munson Page 4 of 4