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HomeMy WebLinkAbout2004-08-26 • ,i ■ Town of L Thursday, August 26 , 2004 ; 7 : 00 PM , Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) Steve White, Chair * David Dittman Linda Hirvonen Wayne Lucas * Dan Konowalow * Ronald Bricker * Richard G . Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Kenneth & Ina Sutfin GENERAL BUSINESS David Dittman , Acting Chairman of the Board called the meeting to order at 7 : 1 OPM, Gary/Rodney Volbrecht, Area Variance-Create a Flag Lot with an Easement, 42 Drake Road, Parcel # 37. 1 -7-3 22 & 371 -7-3 21 The Volbrecht ' s were not present at this meeting. The members reviewed a letter received from Guy Krogh, Legal Council for the Town . Richard Platt explained to the members his suggestion and it was to have Gary Volbrecht combine his two lots and have an easement written in the deed where Rodney can access his parcel. Rodney' s parcel will never be able to have a residence erected on it . The parcel will be strictly for storage. A letter from the Environmental Management Council was presented to the members for review . This location is a designated Unique Natural Area. Bud Shattuck advised the Zoning Members that the Planning Board does not allow building on these areas without thorough consideration . It was the consensus of the board to hold off making a decision until the Volbrechts were present for further questioning. David Dittman made a motion to leave the Public Hearing open to a future date. Ronald Bricker seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. *The Public Hearing will remain open . • Kenneth & Ina Sutfin- Area Variance-Split Original Parcel and provide 20 ' access to rear lot. Tax Parcel # 5.41 9. 1 • David Dittman read the legal notice published in the Ithaca Journal . Mr. Dittman moved to open the Public Hearing at 7 : 20 PM. Mr. & Mrs . Sutfin appeared before the Zoning Board requesting that they be issued an area Variance as they have a perspective buyer of their property, contingent upon dividing it in half for financing purposes . The current zoning indicates that the lot must have 40, 000 sq. ft. (30,000 sq . ft . Tompkins County Health Department requirement) The Zoning Members suggested that the Sutfin ' s put the two lots closer to conformity with the current code. That could be accomplished by eliminating the 20 ' access strip and adding a triangular piece along the edge of the rear driveway, from the back lot to the front lot . David Dittman completed the SEQR. David Dittman made a motion to declare a negative declaration. Daniel Konowalow seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY , David Dittman read the Balancing Test . • Whether benefit can be achieved by other means feasible to applicant Yes, suggested alternatives/modifications of the original petition have been made to the Sutfin ' s . • • Undesirable change in neighborhood character or to nearby properties ; No . • Whether request is substantial ; No . • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created ; No Decision : David Dittman made a motion to grant the Variance pursuant to the fact that the Sutfin ' s find a way to increase the lots to over 30, 000 sq . feet. Richard Platt, Code Enforcement Officer will be the agent for the Zoning Committee with regards to a suitable plan that meets the Tompkins County Health Department ' s current requirements . It was suggested that Sutfin ' s try and keep the 20 ' right of way. Daniel Konowalow seconded. VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY. • Approval of July 20, 2004 Minutes Daniel Konowalow requested that the following be corrected : • Page 2 , Line 45 was to were Page 3 , Line 4, not to no Page 3 , Line 31rebuilt to rebuild Page 4, Line 17 add be after to Page 5 , Line 24 precedence to precedent Page 5 , Line 32 amended to substitute Daniel Konowalow made a motion to accept the minutes as amended . Ronald Bricker seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Other Business Mr. Platt advised the Zoning Members that he recently was advised by legal council that all Zoning issues must be brought before the board for Application acceptance /denial . At that time the hearing date must be set . Applicant : Joe & Angela Zhe are requesting an Area Variance for access to their parcel of land on Burdick Hill Road . A Portion of this property is in the Village and in the Town . David Dittman made a motion to hear the case . Ronald Bricker seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. The Public Hearing was set for September 21 , 2004 at 7 : 00 PM . David Dittman made a motion to adjourn the meeting at 8 : 00 PM . Ronald Bricker seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. L• Town of Lansing Zoning Board of Appeals Meeting August 26 , 2004 7000 PM Visitors Please Sign In Below : (Please Print) Name Address a4 ,a TOWN of LANSING Q� "Ho►ne of Industry, Agriculture and Scenic Beauty " ZONING , PLANNING AND CODE ENFORCEMENT' Box 186 \� Lansing, NY 14,882 'J, E -mail : ►ulcodes©twcny . rr . rum Town of Lansing Zoning Board of Appeals Meeting August 26 , 2004 7 : 00 PM Lansing Town Hall — Small Court Room Agenda Time: AWP!4 Topics 7:00 PM Further Discussion/Decision, Gary/Rodney Volbrecht, Area Variance= Create a Flag lot with an easement, 42 Drake Road, Parcel # 37. 1 =7=3.22 & 37.1 -7=3.21 . Public Comments " Close Public Hearing ZBA Comments and Questions Complete SEQR/Need Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote 7:30 PM Kenneth 81na Mae Sutfin - Split original parcel back off & provide 20' access to rear lot, Tax Parcel No. 5:10981 , 1250 Auburn Road. " Motion to Open the Public Hearing Public Comments * Motion to Close Public Hearing ZBA Comments and Questions * Complete SEAR/ Need Motion on declaration ZBA Decision * Motion to Accept or Deny with any conditions Approval of July 20, 2004 Minutes * Motion to Adjourn Second Motion