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BACKGROUND INFORMATION
Applicant: Cordon & Christine Payton Variance No: 19-08
564 Scofield Road Zoning District: RA
Freeville, NY 13068 Public Hearing
Published on 11/14/19
Mailed 600' Notices
on: 11/13/2019
Property Location: 564 Scofield Road Notice to County: N/A
Tax Parcel#: 30.-1-6.424
Requirement for which Variance is Requested: Front Yard Set Back,
Applicable Section of Town Land Use Ordinance (the "Zoning Ordinance"): Sec. 504, Schedule II
Area, Frontage, Yard, Heights and Coverage Requirements-Drawing 1 Flag Lot.
RESOLUTION AND FINDINGS
WHEREAS, Applicants have applied for an Area Variance to build a garage that is not compliant
with the 60' front yard setback in (RA) Rural Agricultural Zone. Applicants are asking for a 40'
setback on the front side as pictured in the flag lot drawing 1, they would like to minimize their
footprint by using the existing gravel,pad parking area. Need for a variance is due to existing
buildings, solar array, septic and well; and
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, th Is application is classified as a Type II Action (such that no further environmental
review is required) and this matter also does not require a 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:
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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: Will not be visible to the neighbors
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: Current request disturbs the least amount to the environment
c. Whether the requested area variance is substantial?
Yes _X_ No _ Findings: Requesting large percentage of the required Front Yard Setback
for a Flag Parcel
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: Will not be visible to the neighbors
e. Whether the alleged difficulty was self-created?
Yes _X_ No _ Findings: Available land to site the Carport is limited due to a mostly
wooded lot and existing structures
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 40' from the minimum Flag Lot Front Yard Set Back to facilitate placement of a
garage over an existing gravel parking area.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED:
Yes X No
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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.
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
Maureen Cowen -Aye
Judy Drake—Aye
Linda Hirvonen—Aye
Peter Larson III—Aye
Hurf Sheldon -Aye
Dated: November 26, 2019
Received and filed in 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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