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Home My WebLink About19-07 bortz area variances cc_-. Gc r-j _eever,1 AREA. VAy.RIANCE FINDINGS AND DECISION TOIh7"N OF LANSING ZONING BOARD OF A PPEA.LS BACKGROUND INFORMATION Applicant: Gary Bortz Variance No: 19-07 59 Michigan Hollow Rd Zoning District: L1 Spencer, NY 14883 Mailing 600' Notices on: 8/6/19 Notice to County Sent on: N/A Public Hearing Published: 8/7/19 Property Location: 30 Ladoga Park W Tax Parcel #: 33.4-57 Requirement for which Area Variances are requested: Town of Lansing Land Use Ordinance (the "Zoning Ordinance"): Section 504,Schedule II Area, Frontage,Yard, Heights and Coverage Requirements, and Section 1001.3. RESOLUTION AND FINDINGS WHEREAS, Applicant Gary Bortz, on behalf of Beverly & Harry (Deceased) Bortz, Owners of 30 Ladoga Park W, Tax Parcel No. 33.-1-57 located in the Lakeshore Zoning District(L1 -with lake frontage) for Area Variances from Town of Lansing Land Use Ordinance Section 504, Schedule II requiring Minimum Lot Area of.459 acres and Minimum Frontage on Cayuga Lake of 75' and Section 1001.3 requirement that a non-conforming lot not be reduced in area or dimension through subdivision to increase the amount of non-conformity. Applicant is requesting an Area Variance of 25' from the Minimum Frontage requirements and an Area Variance of .017 acres from the Minimum Lot Area requirements, respectively, to facilitate a Lot Line Adjustment under Town of Lansing Subdivision Rules and Regulations to the adjacent property at 28 Ladoga Park W, Tax Parcel 33.4-58, also owned by Beverly & Harry (Deceased) Bortz. WHEREAS, on August 20, 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: Page 1 of 3 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: Area change on the two affected lots are minor. 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: Under current statutes this action cannot be an administrative action c. Whether the requested area variance is substantial? Yes No X Findings: Minor Change 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: Minimal change does not affect wetlands e. Whether the alleged difficulty was self-created? Yes X No Findings: Reflects personal preference of land owner prior to sale of property 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 variances 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: 'Area Variance of 25'from the minimum frontage requirements *Area Variance of.017 acres from the minimum lot area requirements As per survey map dated 7/2/2019 S19548 from T. G. Miller, P.C. and stamped by Lee Dresser Licensed Land Surveyor ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED: Yes No X Findings: STATEMENT OF CONDITIONS: 1. As variances are exceptions based upon exigent need or emergency, should applicant fail to avail 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 permit 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. Page 2 of 3 a It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request for an Area Variance is GRANTED THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Maureen Cowen Seconded by: Peter Larson III Judy Drake- Aye Maureen Cowen- Aye Linda Hirvonen- Aye Peter Larson- Aye Hurf Sheldon - Aye Dated: August 20, 2019 Received and filed in the Lansing Town Clerk's Office on August 23,2019 Debbie Munson Town Clerk Town of Lansing Tompkins County,New York Page 3 of 3