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BACKGROUND INFORMATION
Applicant:Adele Gay Nicholson Variance No: 19-09
1 Maple Ave Zoning District: R2
Lansing, NY 14882 Public Hearing
Published on 11/14/19
Mailed 600' Notices
Property Location: 1 Maple Ave on: 11/13/2019
Tax Parcel#: 26.-10-13.2 Refferal.to County: 11/5/19
Requirement for which Variance is requested: Minimum Yard Set Back
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, Applicant applied for an Area Variance to build a carport that is not compliant with
the 60' front yard setback in (112) Residential — Moderate'Density Zone. Applicant is requesting
an Area Variance of 29' from the minimum yard setback requirement to facilitate placement of
a carport over an existing gravel parking space.
WHEREAS, on November 26, 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 (such that no further environmental
review is required); and
WHEREAS, a November 13, 2019 letter from Katherine Borgella,Tompkins County Commissioner
of Planning, -pursuant to §239 -I, -m, and -n of the New York State General Municipal Law
determined the proposal has no negative inter-community, or county-wide impacts; and upon
due deliberation upon the foregoing,the application, and all evidence and testimony presented
to the ZBA,
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
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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: Applicant has taken the design, traffic and neighbors into
consideration
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: The lot itself creates limitations
c. Whether the requested area variance is substantial?
Yes _X_ No _ Findings: Requested Set Back equals the existing previously granted Set
Back allowing a structure on the other side of the front yard
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: Not much of,a change to where Applicant currently parks her
vehicle. As noted in the fourth Whereas on page 1 no negative impact decision from the County
239 review
e. Whether the alleged difficulty was self-created?
Yes _ No _X_ Findings: In the Applicants neighborhood, homes are historically close to
the road
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 variance 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 29' from the Minimum Yard Set Back requirement to facilitate placement of a
carport over the existing gravel parking space.
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ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED:
Yes X No
STATEMENT OF CONDITIONS:
1. Carport may not be enclosed
2. 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 •rcases 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.
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: Linda Hirvonen
Maureen Cowen -Aye
Judy Drake—Aye
Linda Hirvonen —Aye
Peter Larson I II —Aye
Hurf Sheldon -Aye
Dated: November 26, 2019
Received and filed i-n, the Lansing Town Clerk's Office on November 27, 2019 --.�,-
Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York
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