HomeMy WebLinkAbout20-01AREA VARIANCE FINDINGS AND DECISION- Babcock 30 Ladoga Park Signed AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant: Jason K. Demarest Architecture Variance No: 20-01
950 Danby Road Zoning District: Ll —
Ithaca, NY 14850 with lake frontage
Public Hearing
Published on: 06/02/2020
Mailed 600' Notices
Owner: Lillian Babcock Sent on: 05/29/2020
Property Location: 30 Ladoga Park W
Tax Parcel #: 33.-1-57
Requirement for which Area Variance is requested: Town of Lansing Land Use Ordinance (the "Zoning
Ordinance"): Section 504, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements.
RESOLUTION AND FINDINGS
WHEREAS, Applicant Jason K. Demarest Architecture, on behalf of Lillian Babcock, Owner of 30 Ladoga
Park W, Tax Parcel No. 33.-1-57 located in the Lakeshore Zoning District (Ll —with lake frontage) applied
for an Area Variance from Town of Lansing Land Use Ordinance Section 504, Schedule II requiring
Minimum Side Yard Set Back of 10'; and
WHEREAS, Applicant is requesting an Area Variance of 2' from the 10' Minimum Side Yard Set Back
requirement to facilitate the roof overhang; and
WHEREAS, on June 9, 2020 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:
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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: No change to the neighborhood and will increase aesthetics
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: They have tried to do everything that they could.
c. Whether the requested area variance is substantial?
Yes _ No X Findings: It is minimized as much as possible; if the prior owner hadn't adjusted the
lot line, a variance would not be needed for this building configuration.
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:
e. Whether the alleged difficulty was self-created?
Yes _ No X Findings:
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:
- An Area Variance of 2' from the 10' minimum Side Yard Set Back requirement to facilitate the
roof overhang.
- Adequate drainage must be installede to avoid water runoff to the neighbor's property.
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF
LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
Motion by: Mary Stoe
Seconded by: Richard Hayes
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Maureen Cowen - Aye
Richard Hayes - Aye
Melanie Malone -Aye
Mary Stoe - Aye
Judy Drake -Aye
Dated:June 9, 2020
Re ved and filed in the Lansing Town Clerk's Office on June 12, 2020
Debbie Munson
Town Clerk
Town of Lansing
Tompkins County, New York
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