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HomeMy WebLinkAbout2002-12-17 ■ Town of L Tuesday December 17 , 2002 ; 7 : 00 PM Zoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (* Denotes present) Steve White, Chair Francis (Bud) Shattuck, Councilman *David Dittman Douglas McEver, Councilman * Linda Hirvonen * Steven Wright *Wayne Lucas * Richard G . Platt, Zoning and Code Enforcement Officer PUBLIC PRESENT • Noel Desch Ithaca, NY J . Scott Hick Lansing, NY John Hicks Lansing, NY Kandea Mosley Ithaca, NY GENERAL BUSINESS David Dittman called the meeting to order at 7 : 10 PM . Public Hearing, Noel & Janet Desch, 12 Ladoga Park, Parcel # 33041 48A Mr. Dittman read the legal notice printed in the Ithaca Journal regarding the Public Hearing for an area variance for Noel & Janet Desch, 12 Ladoga Park, tax parcel #33 .- 1 -48 .4 . Mr. Desch introduced himself to the board . Mr . Desch explained that he and his wife own a cottage at 12 Ladoga Park, which they have owned it for about 8 years . The Desch ' s would like to have their cottage moved back on their property 12 feet, making room for a four season ' s room on the front. The hardship question comes into play with respect to the flooding frequency of this particular area. As their cottage is one of many that is quite vulnerable to flooding they now are one of few that are left as vulnerable . Their floor elevation is about the lowest of any cottage that is left in the whole area . Their Neighbors have filed for a permit to demolish their cottage and build a new one . They will be setting their new one at a flood safe level , which is about 4 feet As above where they are . If the Desch ' s neglected to do anything that would really put them in a hole . They would like to work together as neighbors so that the grading of both can be done at a ;a reasonable rate . The contractor has advised Mr. Desch that it cost very little more to move the cottage horizontally on the lot . If the cottage is moved back as far as the back line of the Rogan ' s cottage they could pick up 12 feet and not infringe on their septic system, therefore enable them to build in the near future a 12 foot all season room on the front and still maintain the lakeside front line . In 1998 the Desch ' s moved their garage across the street. The move of the cottage will not infringe on either side lot line . David Dittman : What is immediately on the East side? Mr. Desch: That is the Orr' s cottage that is scheduled to be demolished and a new one built. 0 Richard Platt: The Orr ' s new cottage will be 10 ' plus from the property line, which is a requirement. There will be 17 ' 7 between both cottages . Mr. Dittman requested to know if there were any public comments . Hearing none , the public hearing was closed at 7 : 20 PM . Mr . Dittman requested comments from the Zoning members . Wayne Lucas : I don ' t see any problem, he hasn ' t changed anything, just moved it back. Linda Hirvonen : My only concern was the septic system, which Mr. Desch has addressed . Wayne Lucas : Motioned to accept the request as presented pending completion of the SEQR. Steve Wright : The Board discussed and completed the SEQR. Steve Wright moved to declare a negative declaration . . VOTE : Wayne Lucas . . . . . . . Aye Linda Hirvonen . . . . . Aye • Stephen Wright . . . . . Aye David Dittman . . . . . . . . . Aye MOTION CARRIED UNANIMOUSLY . FINDINGS : FINDINGS : 1 . Whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance . VOTE : Wayne Lucas No David Dittman No Steve Wright No :Linda Hirvonen No 2 . 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. VOTE : Wayne Lucas No • Linda LIirvonen Flo Stephen Wright No David Dittman No • 3 . Whether the requested area variance is substantial . VOTE : Wayne Lucas No Linda Hirvonen No Steve Wright No David Dittman No 4 . Whether the proposed variance will have adverse effect or impact on the physical or environmental conditions in the neighborhood. VOTE : Wayne Lucas No David Dittman No Linda Hirvonen No Steve Wright No 5 . Whether the alleged difficulty was self-created . VOTE : Wayne Lucas No Linda Hirvonen No David Dittman No Steve Wright No Wayne Lucas stated that since the findings have shown there would be no adverse effects on the neighborhood or to the Town , he moved that they accept the findings and approve the request for the area variance. David Dittman seconded . VOTE : Wayne Lucas - Aye Linda Hirvonen - Aye Steve Wright - Aye David Dittman - Aye THE MOTION CARRIED UNANIMOUSLY . John Hicks, 157 Waterwagon Rd . Parcel # 42 .44 . 2 Mr. Hicks returned to the Zoning Board of Appeals at their request for a 2"d visit in regards to his variance request for 157 Waterwagon Road, Tax Map # 42 . - 1 - 1 .2 . Mr.Hicks stated that last year he came before Mr . George Totman and had this parcel approved as a marketable building lot. Due to the appropriate paperwork not getting filed within the 60 day time limit with the Tompkins County Clerk, the approval was void . • Richard Platt : It ' s in our Land Use Ordinance that it must be filed within 60 day of approval . • Since my appointment as Code Enforcement Officer, I or Rachel sees that a letter is sent to the owner advising them that it has to be filed within 60 days of approval or it will be void. David Dittman : It seems that the impediment we had the last time has been removed by the Commissioner of Planning, at the County level . They recognize that when there is public water servicing the area the lot may be half of the 40 ,000 .00 square feet. Richard Platt: We had a public hearing at the last meeting, with no public comment. David Dittman : The question on hand is to grant this as an area variance , or not to grant. I would entertain a motion . Wayne Lucas : I motion to accept. Steve Wright: There are a few items that I ' m not clear on . Dave Dittman : Read the Balancing Test to members . Board of Appeals shall also consider: 1 . Whether benefit can be achieved by other means feasible to applicant : Wayne Lucas : No other way, house above, house below . 2 . Undesirable change in neighborhood character or to nearby properties : Steve Wright: It ' s that concept that I ' m having trouble with . The Zoning requires an acre which is 44,000 . 00 square feet. They have 1 .4 and they are proposing to create 2 lots both of which are less than an acre . Richard Platt : The Zoning requires 40, 000 .00 square feet; it doesn ' t actually say an acre . • Steve Wright: They are proposing to create 1 lot that complies and the other not. Richard Platt: ldoes not comply and the other is non compliant by a whisker . 199 . 99 x 200 . David Dittman : John subdivided that property and put the road in 1989 . Had he known that the Zoning would change to 40,000 .00 square foot lot, then he could have placed the road someplace else . Mr. Hicks is damaged by the zoning, he thought he had two lots . J. Scott Hicks : With public water, the County Health Department only requires 30 , 000 . 00 square feet. Steve Wright : Look at all the other properties in the various subdivisions, they all have 1 . 6, 1 . 7 , 2 . 2 etc . . . they all have about the same . Linda IIirvonen : That was done at a time when it was thought to be desirable to have larger lots . 3 . Whether request is substantial ; 4. Whether request will have adverse physical or environmental effects; David Dittman : We have a letter indicating that it wouldn ' t cause physical or environmental effects . • Steve Wright : The thing I ' m having a hard time with is that the zoning was established with 40, 000 .00 square feet per lot and if we grant this variance then what would any rational for not granting any other person a variance . There is nothing here stating this is a special unique • situation . In the character of neighborhood looks like it ' s all big lots . What ' s keeping other neighbors from coming in wanting to subdividing their property? J . Scott Hick: Our subdivision rules say that can ' t happen for that area . Linda Hirvonen : The only problem I have with this is that John had been given approval at one time . (July 01 ) Due to a clerical error, he is now in this situation . J . Scott Hicks : If we knew that any of this would have been an issue, then we would have made that lot deeper or someway we would have made our subdivision comply to what was coming in the future . Steve Wright : How would this differ from anybody else from coming in and wanting to subdivide 1 .4 acre of lot in an area that is not zoned for that? It feels like we would be making legislation Wayne Lucas : Motion to grant the variance . David Dittman seconded . VOTE : Steve Wright - No Wayne Lucas - Yes David Dittman —Yes § 267-a (4) of Town Law requires that a majority of the members of the Zoning Board of Appeals vote in favor in order to grant a variance . Therefore, 3 members must vote for approval in order to grant the variance . A 2 -2 vote would result in a denial . Mr. Hicks was advised that he must return with a new application , however, the Zoning Board of Appeals will waive the $ 50 .00 fee . The ZBA has scheduled the next meeting for Monday, December 30, 2002 @ 7 : 00 PM • ,1 34 11 34 T o WN of LANSING QRB "Home of Industry, Agriculture and Scenic Beauty " ZONING, PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 11, E-mail : tolcodes@twcny . rr. com Town of Lansing Zoning Board of Appeals Meeting December 17 , 2002 TOOPM Lansing Town Hall -Small Court Room Agenda Tine: Agenda Topics 7:00 PM Public Hearing, Noel Desch = 12 Ladoga Park Tax Map #16:1 -40. 1 Mr. Desch Presents Case Public Comments Close Public Hearing • ZBA Comments and Questions ZBA Decision Motion to accept or deny with any conditions Second Motion Any further Discussion Vote 705 PM John Hicks, 157 Waterwagon Road, Parcel # 42:1 =1 .2 Mr. Hicks Presents Case ZBA Comments and Questions ZBA Decision Motion to accept or deny with any Conditions Second Motion Vote Meeting Adjourned at PM •