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HomeMy WebLinkAbout2002-08-13 Town of L Tuesday August 13 , 2002 ; 7 : 00 PM Zoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (*Denotes present) Steve White, Chair David Dittman Linda Hirvonen * Wayne Lucas * Stephen Wright Steve Farkas, Town Supervisor * Richard Platt, Zoning and Code Enforcement Officer PUBLIC PRESENT N/A GENERAL BUSINESS • The Town of Lansing Zoning Board of Appeals was unable to hold a formal meeting/ Public Hearing due to lack of a quorum . Crystal & Francis Mullenix — Informal Discussion , Beauty Salon W/ Day Spa. N. Triphammer & Waterwagon Road . Mr. & Mrs . Mullenix appeared before the 2 Board Members and Mr. Platt, The Code Enforcement Officer. The Mullenix ' s are interested in purchasing land at the corner of N. Triphammer & Waterwagon Road and would like to erect a ranch style building to operate a Salon/ Day Spa. The location of the property is in a R1 district, which in the Schedule 1 of the Town of Lansing Land Ordinance, a Barber/Beauty Shop is not permitted . Francis Mullenix : We didn ' t realize that we had to prove "hardship" until reviewing a letter today from The Tompkins County Planning Department. The only comment I can say about the hardship is, where the land is located now with the golf range directly behind it and the road being repositioned the land would be less desirable for a residence . The type of business that we are trying to put in limits the customer to '/z hour or a full 8 - hour session there . The Building we are looking at is a ranch style to fit in with the other homes in the neighborhood. Signage will be kept small ; also, the property would be landscaped by us . Unfortunately I don ' t have financial evidence of hardship . • Wayne Lucas : Have you looked down farther on Waterwagon Road? That is a R2 , and they have water all the way down there . d� Stephen Wright : What we would have to talk about as far as reasonable material, we • don ' t have. Since you don ' t even own the property yet, we wouldn ' t even be able to hear what your rate of return would be because there is no rate of return . You would have to prove all (4) of the County ' s "unnecessary hardship" rules . Richard Platt : If you were to do this in a R2 , this is an allowable use . It does require Site Plan Review, which you could come before the Planning Board informally, and ask them if this was something that felt was doable. Stephen Wright : All the information you have here is what you would want to take forward to the Planning Board . Present to them just what you presented to us . John Farkas — Informal Discussion 190 Bill George Rd, Parcel # 24.-2-8 Mr. Farkas is requesting something in writing from the ZBA that states he/ or his children can build a seasonal structure on his property. (Approx . 13 , 000 SF) Mr. Farkas purchased the land in 1954, prior to zoning. The lots in the immediate area have cottages on them, and they are similar in size . Wayne Lucas : Septic fields can ' t be a certain feet from the Railroad . John Farkas : Why can ' t I get a variance on here if I had a holding tank instead of a septic system? Stephen Wright : What do the other people have? • John Farkas : Septic systems . What was told to me years ago when I came to a hearing, when they started the Zoning Laws, was that it didn ' t effect me because I have a Grandfather clause . Richard Platt : If I contact the County Health Department about holding tanks and they approve it, than what do you think? Stephen Wright & Wayne Lucas : I have no problem at all . We would be very supportive granting an area variance for a holding tank. John Farkas : I would like to have something in writing so I can build there, or if something happens to me than my kids can build there . Stephen Wright : This board doesn ' t get engaged until you request a permit and it ' s been denied. You then would request for a variance from the Zoning Department . I think Wayne and I have both voiced our opinion that if your permit was denied based on the fact that you didn ' t have enough land area for a septic field, that we would be very supportive of giving you a variance because you have a smaller property as long as you have a holding tank. Wayne Lucas : We have to go by the new Zoning Law . John Farkas : If I had something in writing, at least my children could use it . Stephen Wright : I ' m not sure the ZBA can give you anything in writing because we have nothing formal before us, also, we would be restricted from committing what future • Boards might rule. If you would like to come back when we have more ZBA Members, we can have the discussion again.