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Home My WebLink About2003-11-12 M Town of L Wednesday , November 12 , 2003 6@30 PMZoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (*Denotes present) * Steve White, Chair * David Dittman Linda Hirvonen * Wayne Lucas Stephen Wright * Dan Konowalow (Alt.) Richard G . Platt, Code Enforcement Officer PUBLIC PRESENT Herb Hill Bradley Keeney GENERAL BUSINESS David Dittman made a motion to open the meeting at 6 : 39 PM and reconvene the Public Hearing that was tabled on November 3 , 2003 due to the lack of written consent from the property owner. Wayne Lucas seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . David Dittman opened the floor for Public comments . Mr. Hill began stating his case by expressing to the board that he is a Smoker and he feels that he also has rights too . He further stated that his wife has emphysema and smoking is prohibited in their home . With the onset of winter approaching Mr. Hill obtained oral permission from his Landlord to enclose a patio from an existing slab . Mr. Hill was unaware that he needed to have a building permit to erect a structure . David Dittman advised the board members that the structure is 30 ' from the center line and 20 ' from the side of the road . The required Zoning setback for that area is 55 ' 25 ' from the center of the road and 30 ' setback) . Mr. Keeney, Landowner declined to comment, he was present to support his tenant, Mr. Hill . Daniel Konowalow asked Mr. Hill if he could have added a room on to one of the three other sides of his home that would not have been in violation of the area requirements . Mr. Hill ' s reply was yes, however, costly . David Dittman moved to close the Public Hearing at 6 : 40 PM . Stephen White seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Its The Board discussed the conditions of an area variance as follows : i Y 1 . Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; ANSWER : Yes Place the structure on one of the three other sides of the house . 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 . ANSWER : No 3 . Whether the requested area variance is substantial ; ANSWER: No 4 . Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district ; ANSWER: No • 5 . Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals , but shall not necessarily preclude the granting of the area variance. ANSWER : Yes Wayne Lucas made a motion to deny the Variance request . Stephen White seconded. VOTE : Wayne Lucas - Aye David Dittman - Aye Linda Hirvonen - Aye Steve White - Aye MOTION CARRIED UNANIMOUSLY. VARIANCE DENIED. Richard Platt, Code Enforcement Officer advised landowner Mr. Keeney and Mr. Hill that the structure would need to be removed . Mr. Platt advised Mr. Hill that he would be willing to stop over any evening or weekend to help him locate a spot on the premises to place a new structure. Also, a building permit must be obtained prior to work beginning. Re-appointment of of Zonin�Board Member, David DittmanMember, David Dittman • Wayne Lucas made a motion for the re-appointment of David Dittman to the Zoning Board of Appeals for an addition 5 year (January 01 , 2004 — December 31 , 2008) . • Stephen White seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Rachel Jacobsen will submit a letter of recommendation to Supervisor Farkas for Town Board approval . Informal Discussion , William Reynolds — 206 Ridge Road Mr. Platt explained to the Board that Mr. Reynolds would like to replace his current mobile home with a brand new one . The Ordinance does not allow Mobile Homes to be installed in a B1 district. They would be replacing a nonconforming unit which is contrary to the Zoning Law . Although the Reynolds do not own the property that their Mobile Home is on, Mrs . Reynolds has resided at that location all her life and would like to remain there . The parcel is actually in both B1 and R3 . In the R3 District Mobile Homes are permitted . To fix up the Mobile Home it would exceed the cost of purchasing a new one . David Dittman and Daniel Konowalow felt this was a Planning Board issue. They feel the Planning Board should revisit their drawing of the line and take recognizes of the historical land use and not arbitrarily draw an imaginary 300 ' line . This cuts property lines in pieces . Dick Platt will take this information back to the Planning Board for further discussion . Wayne Lucas made a motion to adjourn the meeting at 7 : 00 PM . Stephen White seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . i Town of Lansing Zoning Board of Appeals Meeting November 12 , 2003 6 : 30 PM Visitors Please Sign In Below : (Please Print) Name Address I It Ii \ 3B 4 J< T O WN Of LANSING �+ "Horne of industry, Agriculture and Scenic Beauty " • 9. ZONING , PLANNING AND CODE. ENFORCEMENT Boa 186 � 1 Lansing, NY 14882 ik t E-mail : to1codes@1wcny . rr. com Town of Lansing Zoning Board of Appeals Meeting November 12 , 2003 6 : 30 PM Lansing Town Hall - Board Room Agenda Time: Agenda Topics 6:30 PM Public Hearing, Herb Hill/ Bradley Keeney , 444 Groton-Townline Rd. Parcel # 19:1 -13. 1 Mr. Hill / Mr. Keeney Presents Case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEAR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any further Discussion Vote * Recommendation for the re-appointment of David Dittman to The Zoning Board of Appeals for an additional term of 5 years. (January 01 , 2004 - December 31 , 2008) Motion to Adjourn Second Motion • Meeting Adjourned at PM i i I