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Home My WebLink About2019-08-20 APPROVED ZBA MINUTES APPROVED 1 Town of Lan s i n g 2 Zoning Board of Appeals Meeting 3 Tuesday, August 20, 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 C. J. Randall, Director of Planning Lynn Day, Code Enforcement Officer 14 Katrina Binkewicz, Town Board Liaison Sue Munson, Code Office 15 16 Public Present (5) 17 Lillian Babcock Cheryl Beach Gary Bortz Beverly Bortz Jennifer Moore 18 19 General Business 20 Chair Hurf Sheldon Opened the meeting of Tuesday, August 20, 2019 at 6:32pm. 21 22 Motion to Approve the Minutes of July 16, 2019 23 Motion by: Judy Drake Seconded by: Maureen Cowen (Motion seconded and carried) 24 25 Motion to Open the Public Hearing for Bortz Area Variance located at 30 Ladoga Park 26 West Road. Tax Parcel #33.-1-57 at 6:35 p.m. 27 Motion by: Linda Hirvonen Seconded by: Peter Larson III 28 Roll Call: 29 Judy Drake - Aye 30 Maureen Cowen-Aye 31 Linda Hirvonen- Aye 32 Peter Larson III - Aye 33 Hurf Sheldon-Aye 34 35 The Official Public Notice was published on August 7, 2019 as required. 600' parcel notices 36 were mailed on August 6, 2019. 37 38 The Applicant is requesting Area Variances from Section 504, Schedule II Area, Frontage, 39 Yard, Heights and Coverage Requirements of Minimum Lot Area of .459 acres and Minimum 40 Frontage on Cayuga Lake of 75', Applicant request is for an Area Variance of 25' from the 41 Minimum Frontage requirements and an Area Variance of .017 acres from the Minimum Lot 42 Area requirements, respectively, to facilitate a Lot Line Adjustment under Town of Lansing 43 Subdivision Rules and Regulations to the adjacent property at 28 Ladoga Park W, Tax Parcel 44 33.-1-58, also owned by Beverly &Harry (Deceased) Bortz. Section 1001.3 requirement that a Page 1 of 5 APPROVED 45 non-conforming lot not be reduced in area or dimension through subdivision to increase the 46 amount of non-conformity. 47 48 Brief description from Applicant: 49 - Would like to square up the property at 30 Ladoga Park West before selling the 50 property 51 - Boundary change will maximize the owner's property that is not for sale 52 53 Summary of Board Discussion with Applicant: 54 - No hardship is experienced 55 - C. J. Randall, Town Director of Planning mentioned, this type of boundary change is 56 simple and would normally be handled in the Planning office as an administrative 57 action under the Towns Subdivision Regulations but the Towns Land Use Ordinance 58 says that a Non-Conforming lot cannot be reduced in area through subdivision or 59 even by a simple Lot Line Adjustment which then triggers this to go through the 60 Zoning Board of Appeals process. 61 - There is no undesirable change that will affect the character of the neighborhood 62 - No change in the Lake Frontage only 5' on the back portion of the property opposite 63 from the lakeside. 64 65 Public Comments: 66 Adjacent neighbor Lillian Babcock,who has also put a purchase offer in on the property at 30 67 Ladoga Park is fine with the boundary change as long as there is no change on the Lake 68 Frontage 69 70 Motion to Close the Public Hearing for Bortz Area Variances at located at 30 Ladoga Park 71 W. Tax Parcel #33.4-57 at 6:47 p.m. 72 Motion by: Linda Hirvonen Seconded by: Judy Drake 73 Roll Call: 74 Judy Drake - Aye 75 Maureen Cowen- Aye 76 Linda Hirvonen- Aye 77 Peter Larson III - Aye 78 Hurf Sheldon-Aye 79 80 AREA VARIANCE FINDINGS AND DECISION 81 TOWN OF LANSING ZONING BOARD OF APPEALS 82 83 BACKGROUND INFORMATION 84 85 Applicant: Gary Bortz Variance No: 19-07 86 59 Michigan Hollow Rd Zoning District: L1 87 Spencer, NY 14883 Mailing 600' Notices on: 8/6/19 88 Notice to County Sent on: N/A 89 Public Hearing Published: 8/7/19 Page 2 of 5 APPROVED 90 Property Location: 30 Ladoga Park W 91 Tax Parcel #: 33.-1-57 92 93 Requirement for which Area Variances are requested: Town of Lansing Land Use Ordinance 94 (the "Zoning Ordinance"): Section 504, Schedule II Area, Frontage,Yard, Heights and 95 Coverage Requirements, and Section 1001.3. 96 97 RESOLUTION AND FINDINGS 98 99 WHEREAS, Applicant Gary Bortz, on behalf of Beverly & Harry (Deceased) Bortz, Owners of 100 30 Ladoga Park W,Tax Parcel No. 33.-1-57 located in the Lakeshore Zoning District (L1 - with 101 lake frontage) for Area Variances from Town of Lansing Land Use Ordinance Section 504, 102 Schedule II requiring Minimum Lot Area of.459 acres and Minimum Frontage on Cayuga Lake 103 of 75' and Section 1001.3 requirement that a non-conforming lot not be reduced in area or 104 dimension through subdivision to increase the amount of non-conformity. Applicant is 105 requesting an Area Variance of 25' from the Minimum Frontage requirements and an Area 106 Variance of .017 acres from the Minimum Lot Area requirements, respectively, to facilitate a 107 Lot Line Adjustment under Town of Lansing Subdivision Rules and Regulations to the 108 adjacent property at 28 Ladoga Park W, Tax Parcel 33.4-58, also owned by Beverly & Harry 109 (Deceased) Bortz. 110 III WHEREAS, on August 20, 2019 the Town of Lansing Zoning Board of Appeals (the "ZBA") 112 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the 113 applicant in support of the requested area variance; (ii) all other information and materials 114 properly before the ZBA;and (iii) the issues and impacts raised for consideration by neighbors, 115 the public, and the ZBA; and 116 117 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) 118 (such that no further environmental review is required) and this matter also does not require 119 a GML Section 239 review; so, upon due deliberation upon the foregoing, the application, and 120 all evidence and testimony presented to the ZBA, 121 122 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 123 124 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following 125 findings with respect to the specific criteria for area variances as set forth in Town Law § 267- 126 b(3)(b), and other applicable provisions of law and of the Zoning Ordinance: 127 128 a. Whether an undesirable change will be produced in the character of the neighborhood or 129 a detriment to nearby properties will be created by the granting of the area variance? 130 Yes No X Findings: Area change on the two affected lots are minor. 131 132 b. Whether the benefit sought by the applicant can be achieved by some method, feasible 133 for the applicant to pursue, other than an area variance? Page 3 of 5 APPROVED 134 Yes No X Findings: Under current statutes, this action cannot be an administrative 135 action 136 137 c. Whether the requested area variance is substantial? 138 Yes No X Findings: Minor Change 139 140 d. Whether the proposed variance will have an adverse effect or impact on 141 the physical or environmental conditions in the neighborhood or district? 142 Yes No X Findings: Minimal change does not affect wetlands 143 144 e. Whether the alleged difficulty was self-created? 145 Yes X No Findings: Reflects personal preference of landowner prior to sale of 146 property 147 148 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 149 150 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that 151 the following area variances is GRANTED with any conditions hereafter stated (if any), it 152 being further found and determined that (i) the benefit to the applicant outweighs any 153 potential negative impacts or detriment to the neighborhood or community; and (ii) such 154 area variance is the minimum necessary as adequate to grant relief and, at the same time, 155 preserve and protect the character of the neighborhood and the safety and welfare of the 156 community. 157 158 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 159 'Area Variance of 25'from the minimum frontage requirements 160 'Area Variance of.017 acres from the minimum lot area requirements 161 As per survey map dated 7/2/2019 S19548 from T. G. Miller, P.C. and stamped by Lee Dresser 162 Licensed Land Surveyor 163 164 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED: 165 Yes No X Findings: 166 167 STATEMENT OF CONDITIONS: 168 1. As variances are exceptions based upon exigent need or emergency, should applicant 169 fail to avail itself of the benefits of the above-described area variance within one year 170 from the date hereof, this approval and such area variance shall expire. In cases where 171 construction may be applicable, "avail itself of the benefits" shall mean a building 172 permit obtained (if necessary) and substantial construction as commenced. Said one- 173 year approval period may be extended for good cause by the ZBA if application for an 174 extension is submitted before the expiration of the then applicable variance period. 175 176 177 It is hereby determined by the Town of Lansing Zoning Board of Appeals that the request 178 for an Area Variance is GRANTED Page 4 of 5 APPROVED 179 180 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND 181 RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS 182 FOLLOWS: 183 184 Motion by: Maureen Cowen 185 Seconded by: Peter Larson III 186 187 Judy Drake - Aye 188 Maureen Cowen- Aye 189 Linda Hirvonen-Aye 190 Peter Larson-Aye 191 Hurf Sheldon - Aye 192 193 Dated: August 20, 2019 194 195 Received and filed in the Lansing Town Clerk's Office 196 197 Motion to close the meeting and Adjourn Meeting at 7:06 p.m. 198 Motion by: Peter Larson III Seconded by: Linda Hirvonen (Motion carried) 199 200 Minutes executed by Sue Munson Page 5 of 5