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Home My WebLink About2004-04-01 Town of L Thursday , April 1 , 2004 7600 PM Zoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (*Denotes present) Steve White, Chair * David Dittman Linda Hirvonen * Wayne Lucas * Ronald Bricker, (Alt.) * Dan Konowalow * Richard G . Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Daniel Gee William Duthie • Carl Robbins Amanda Oliver Otis Phillips Nickolas Bellisario GENERAL BUSINESS David Dittman called the meeting to order at 7 : 03 PM . Public Hearing, Daniel Gee, 928 Ridge Road, Tax Parcel # 23 .4412 Area Variance Request to Subdivide Property . Mr. Dittman read the legal notice published in The Ithaca Journal in regards to the Public Hearing. The Public Hearing was opened . Mr. Gee appeared before the board requesting that he be granted an Area Variance in order to resolve a divorce settlement . Mr. Gee states that the required road frontage is 150 feet. After splitting the parcel, and allowing the 20 ' right of way for a driveway the frontage will total 146 feet. Each parcel after the split will be approximately 3 '/z acres . Mr. Gee will maintain the driveway. Mr. Konowalow questioned Mr. Gee if he had thought about straightening out the Northern boarder of his property. Mr. Gee explained that there is a natural boundary, which is a stream there. • Bud Shattuck a property owner adjacent to Mr. Gee ' s parcel stated that he was in favor of • this request. Mr. Shattuck states the Gee property continues to be maintained well and does not see a problem in the future. There was no further comment from the Public . Mr. Dittman moved to close the Public Hearing at 7 : 11 PM . The Board seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . David Dittman completed the SEQR Short Form . Ronald Bricker made a motion to declare a negative declaration. Daniel Konowalow seconded. VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY, AREA Variance Criteria Balancing test-Board of Appeals shall balance benefit to applicant with detriment to health, safety & welfare of the community. Board of Appeals shall also consider: 1 . Whether benefit can be achieved by other means feasible to applicant : VOTE : David Dittman No Daniel Konowalow No Wayne Lucas No Ronald Bricker No 2 . Undesirable change in neighborhood character or to nearby properties ; VOTE : David Dittman No Daniel Konowalow No Wayne Lucas No Ronald Bricker No 3 . Whether request is substantial ; VOTE : David Dittman No Daniel Konowalow No Wayne Lucas No Ronald Bricker No 4 . Whether request will have adverse physical or environmental effects ; VOTE : David Dittman No Daniel Konowalow No • Wayne Lucas No Ronald Bricker No • 5 . Whether alleged difficulty is self-created ; VOTE : David Dittman No Daniel Konowalow No Wayne Lucas No Ronald Bricker No Based upon the findings, Daniel Konowalow made a motion to grant the variance with reasonable conditions that Mr. Gee provide the Zoning Office with a larger scale drawing of the property with an indication of where the buildings are presently, where the driveway will be, and indicate where the creek is . Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Public Hearin, William Duthie (United Storage), Parcel #32A- 3 , 484 Ridte Road . Area Use Variance. David Dittman read the Public Hearing Notice published in The Ithaca Journal. The Public Hearing was opened at 7 : 21 PM Mr. Duthie appeared before the Board requesting an Area Use Variance to erect an additional large Storage Building. The building will not be a mini storage. It will house Boats, Cars, and RV ' S . Mr. Duthie states the location of the building is down off the road 260 feet in a low area and feels there will be no negative impact as to the location of the building. From the road you can visually see the tops of the buildings . Also, a nearby • neighbor (Crandall) has recently built a home and Mr. Duthie plans on extending additional trees to buffer the buildings from their parcel . Mr. Dittman opened the floor for Public comments . Otis Phillips states he has nothing personal against Mr. Duthie for adding an additional Storage Building to the already existing ones, however, this is an R2 zone. Mr. Phillips advised the Zoning Members that he and Mr. Bellisario came before the Planning and Town Board for approval of Mini Storage in an R2 zone and was shot down , when indeed he stated it was an allowed use the way the laws were read at the time . Mr. Phillips doesn' t feel it is right to allow more Storage in an R2 zone, unless is allowed in all areas that are zoned R2 . Mr. Phillips questioned why a retention pond was not mentioned on this project, like they (Planning Board) had requested on his . Where is all the water run off going? More thought should go into this other than just because he already has existing units there . Mr. Phillips feels Mr. Duthie is paying taxes on this land , and should be able to do what he wants . This should not be up to The Town Board to say whether it can go in this R2 zone and not in others . It ' s wrong to pick and choose who gets to do what. David Dittman states he does not recall Mr. Phillips coming before the Zoning Board. Richard Platt mentioned to the Zoning Members present that Mr.PhillipsBellisario ' s has not come before the Zoning Board of Appeals . Mr. Phillips proceeded to explain to the Board that at the time that he/Mr.Bellisario were • interested in purchasing land, they inquired if Mini Storage Units were a permitted use. They were. By the time they had their closing and came back for a permit, they were • denied . Bud Shattuck spoke from The Town Board ' s point of view that Mr. Duthie should have been involved in the rezoning of districts . The Town held numerous Public Hearings for the residents to come and speak out . The law allows for the Town to set the rules, which sometimes takes some of the rights away from the landowners . An appeal from The Zoning Board of Appeals is outside of the purview of the Town Board and suggested that Mr. Phillips/Bellisario have the same right as Mr. Duthie to come before the Zoning Board of Appeals . William Duthie states he was advised by Planning Board Member, Larry Sharpsteen that he didn ' t have to worry about the rezoning in his area because Mr. Duthie would be grandfathered in. Bud Shattuck advised him that that was a misconception. Grandfathered in would be an existing building. All the buildings Mr. Duthie currently has are grandfathered even though they are not allowed there. To add to them, would require a Variance . Mr. Duthie further explained that value of his place has dropped from a sale point of view because of the zoning. Richard Platt explained that he had spoken with The Town Attorney and advised that Mr. Duthie could not expand an existing use that is zoned out, without a Variance . Daniel Konowalow made a motion to accept the Variance request with conditions that Mr. Duthie plant additional trees for screening. The plantings will consist of a minimum • of one ( 1 ) row of Conifers at no further apart than 8 feet . Ronald Bricker seconded . David Dittman completed the SEQR Short Form. Daniel Konowalow made a motion to declare a negative declaration. Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Richard Platt stated for the records that the Storm Water Control Plan does not apply to this building as they are disturbing less than 1 acre of ground. Use Variance Criteria 1 . Can not realize a reasonable return-substantial as shown by competent financial evidence : VOTE : David Dittman No Daniel Konowalow No Ronald Bricker No Wayne Lucas No 2 . Alleged hardship is unique and does not apply for substantial portion of district or neighborhood ; VOTE : David Dittman No Daniel Konowalow No Ronald Bricker No • Wayne Lucas No 3 . Requested Variance will not alter essential character of the neighborhood ; VOTE : David Dittman No Daniel Konowalow No Ronald Bricker No Wayne Lucas No 4 . Alleged hardship has not been self-created . VOTE : David Dittman No Daniel Konowalow No Ronald Bricker No Wayne Lucas No With the motion on the table to grant the Use Variance VOTE : David Dittman Yes Daniel Konowalow Yes Ronald Bricker Yes • Wayne Lucas Yes ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY. VARIANCE GRANTED . Approval of March 3 , 2004 Minutes Ronald Bricker requested that his name be added to the attendance list for this date, as he was present . Daniel Konowalow requested that on page 2, under his statement it should read as follows : Daniel Konowalow felt there are a lot of possibilities such as anything that is allowed in the R2 zone. Daniel Konowalow made a motion to accept the minutes as amended . Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Wayne Lucas made a motion to adjourn the meeting at 7 : 55 PM . Daniel Konowalow seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . • Town of Lansing Zoning Board Meeting April 1 , 2004 Visitors Please Sign In Below : (Please Print) :Name Address O 64.c_ Z46; / ss3 Aobofoo 2cL http : //www . lansingtown . com/ • 111 \ TOWN of LANSING Qo " Home of Industry, Agriculture and Scenic Reality " %9. 4°9t ZONING , PLANNING AND CODE ENFORCEMENT Box 1. 86 Lansimr, NY 14882 1� E-mail : tolcodes@tweny . rr . com Town of Lansing Zoning Board of Appeals Meeting April 1 , 2004 7 : 00 PM Lansing Town Hall - Sm . Court Room Agenda Time: AgendaTapics 7:00 PM Public Hearing, Daniel Gee, Parcel # 23:1 =13.2 928 Ridge Road. Area Variance Request to Subdivide Property. Open Public Hearing Mr. Gee Presents Case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEQR ZBA Decision • Motion to Accept or Deny with any conditions Second Motion Any further Discussion 7:15 PM Public Hearing, William Duthie (United Storage), Parcel # 32:1 =3, 484 Ridge Road, Area Use Variance. Open Public Hearing Mr. Duthie Presents Case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEQR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any further Discussion Motion to accept Minutes of March 3 , 2004 Motion to Adjourn Second Motion • Meeting Adjourned at PM