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HomeMy WebLinkAbout2004-09-21 1 • ■ Town of L Tuesday, September 21 , 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 Angela & Jack Zhe • Edith Albertson & Step- Son & Daughter-in-Law Pearl Perry Gary Volbrecht Rodney Volbrecht Mr. & Mrs . Marshall Volbrecht GENERAL BUSINESS Stephen White, Chairman of the Board called the meeting to order at 7 : OOPM . Mr. White began by reading the legal notice published in The Ithaca Journal regarding the Public Hearing for Angela & Jack Zhe . Chairman White opened the floor up to the Zhe ' s to present their case . AnIjela & Jack Zhe, Area Variance, Burdick Hill Road, Parcel # 42 41 52 .42 Angela & Jack Zhe appeared before the Zoning Board of Appeals requesting that they be granted an Area Variance for the purpose of building a new home . The Zhe ' s explained that there are two parcels involved . Parcel # 42 . - 1 - 52 . 42 located in the Town of Lansing is where they would like to build their home . Parcel # 42 . 1 - 1 -52 . 21 located in the Village of Lansing is where their existing driveway is, as well as their 150 ' of road frontage. A small portion of the existing driveway is located on the property of Edith Albertson, . parcel # 42 . 1 - 1 -52 . 3 . The Zhe ' s are willing to relocate their driveway a short distance to Z13A 9i21iO4 1 • their property, or leave it the way it currently is and permit Edith Albertson to use their driveway to access her property. Richard Platt explained to the Members the only entrance to the Town of Lansing parcel is via the existing driveway located in the Village . If access were to be denied, the parcel located in the Town of Lansing would be landlocked. Stephen White, Chairman opened the floor up to the public at 7 : 06 PM for comments . Edith Albertson abutting neighbor viewed the map presented to the Board . Mrs . Albertson indicated that the existing driveway has been there for at least 50 years . Mrs. Albertson stated for the records that she did not have a problem with the Zhe ' s crossing over her property via the existing driveway. Richard Platt advised the Board that he has cleared this with The Village of Lansing, Code Enforcement Officer, Ben Curtis . Pearl Perry inquired if this would be a stick built home . The Zhe ' s advised her yes . Chairman White closed the Public Hearing at 7 : 10 PM. Further Discussion • Linda Hirvonen stated she has no problem with granting the Variance. Ms . Hirvonen feels it is the only way to access the back land. Stephen White had concerns regarding the existing driveway going over someone else ' s parcel . Ronald Bricker reiterated that Mrs . Albertson did not have a problem with them crossing her property. Wayne Lucas had no problem. Ronald Bricker completed the SEAR. Linda Hirvonen made a motion to declare a negative declaration . Wayne Lucas seconded. VOTE : ALL IN FAVOR, MOTION CARRIED . Summary of Area Variance Criteria • Whether benefit can be achieved by other means feasible to applicant No . • Undesirable change in neighborhood character or to nearby properties ; No . • • Whether request is substantial ; No . • MA 9/2 1 /04 v • • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created; No Decision : Linda Hirvonen made a motion to accept the Zhe ' s request for an Area Variance , Ronald Bricker seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY , Gary/Rodney Volbrecht, Area Variance-Create a Flay Lot with an Easement, 42 Drake Road, Parcel # 37. 14=3 . 22 & 37 . 147 3 .21 *The Public Hearing remained open from the August 26, 2004 Meeting. The Volbrecht ' s appeared before the Zoning Board . On August 9 , 2004 the Planning Board requested that the Town Attorney review this request and provide feedback. The Planning Board indicated if Mr. Krogh ' s response was positive, they would then recommend that the Zoning Board of Appeals issue a Variance. Chairman White read Mr. Guy Krogh ' s response in regards to the Volbrecht ' s request for an Area Variance. Mr. Krogh ' s response was as follows : Looking at the map you sent, as Nvell as the assessor's map for that whole area, it seems clear that • flag lots and landlocked parcels are an existing problem that the Town should be cleaning Lip, not expanding - particularly with sewers on the horizon . I also Would not split the frontage into a driveway and two separate rights-of way / easements (though I. recognize that the drivecwav and one of the easements have a. common oxvner) . He can get an easement over the whole " flagpole" and share use in common with Gary Volbrecht. 1. would require consoliclation of 3 .8 and 3. 201., so that you are at least inaintain.i.n.g the status quo of "1 landlocked parcel , and not creating a second one. Finally, since Rodnev 's :Lot wi _I not have "owned " frontage, I would require that he assent and acknowledge in writing that the parcel is NOT a building lot, and that the Z13A issue the variance conditionally, specifying that the lot is not now nor will it ever be a " budd-ing lot", and that no residential rises are permitted thereupon . The Z_BA could even specify only storage uses . This assu.ules, of course, that the ZBA is in favor of finding a vva.y to approve the variance Without creating future problems. At least with these conditions, you are limiting future problems, not expanding the number of landlocked parcels, and avoiding the inevitable problem when sewers arrive ( due to the non -owned frontage issue - if not a residential use or building lot, then there will be no sewer question / problem to heal with) . Gary Volbrecht had concerns if he consolidated his properties how it would affect his taxes . Currently on one parcel of land is his home, and the other is his Business . • Richard Platt and Linda Hirvonen explained to Mr. Volbrecht that when two parcels are combined, the taxes are usually less . ,. MA 9i2I /04 • Linda Hirvonen further explained to the Volbrecht ' s what they have asked for is not something the Zoning Board of Appeals can do for them . However, The Zoning Board is trying to figure out a way that it will work for the Volbrecht ' s . Creating another landlocked lot with no access of its own is something the Zoning Board of Appeals cannot do . Linda Hirvonen suggested that the Zoning Board allow the Volbrecht ' s time to speak to their attorney Fred Breck prior to a decision being rendered by the Zoning Board . Chairman White stated for the records that the Public Hearing will remain open until the next scheduled meeting set for October 19, 2004 at 6 : 00 PM. Approval of August 26,2004 Minutes Ronald Bricker made a motion to accept the minutes as submitted. Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Other Business , Mr. Platt brought before the Board an application for acceptance to review/denial a request . Applicant: Douglas Fowler, request for an Area Variance to allow an addition to the West side of his home . The property is located at 1182 E . Shore Drive, in an L1 District. The L1 District requires a 15 ' side set back. The proposed addition would not meet the current requirements . Stephen White stated that Mr. Fowler could conform his plans to comply with the Zoning Regulations . It was suggested that Mr. Platt check with Mr. Fowler to see if he would be willing to make some changes . Mr. Platt indicated he previously suggested making changes and Mr. Fowler indicated he would like to be able to present his case directly to the Zoning Board. The Zoning Board agree to hear Mr. Fowler ' s case . The Public Hearing date was set for October 19 , 2004 at 6 : 00 PM . Meeting Time Change Linda Hirvonen suggested now that Fall is here and the daylight hours get shorter, the Zoning Board of Appeals return back to their original time of 6 : 00 PM for their meetings . It was the consensus of the Board to hold the meetings at 6 : 00 PM effective October 19, 2004 . Linda Hirvonen made a motion to adjourn the meeting at 7 : 40 PM . Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. • Town of Lansing Zoning Board of Appeals Meeting September 20 , 2004 7 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address ZIP � u �e�C � � �(/� .fie us6n � �✓cev���e kf � �z • Iq- I h er �- sUr + 0 ec 0. r- Pt r r �, e)Lxrj i Ck • ,1 `� 34 11 34 T o WN of LANSING • G "Home of Industry, Agriculture and Scertic Beauty " ZONING , PLANNING AND CODI? ENFORCEMENT Box 186 Lansing, NY 14882 �1 lil E-mail : tokodes© twcny . rr . com Town of Lansing Zoning Board of Appeals Meeting September 21 , 2004 7 : 00 PM Lansing Town Hall — Small Court Room Agenda Ting Agenda Topics 7:00 PM Angela & Jack Zile, Area Variance, Burdick Hill Road, Parcel # 42.-1ni242 Public Comments • Close Public Hearing • ZBA Comments and Questions Complete SEQRlldeed Motion on declaration ZBA Decision Motion to Accept or Deny whir any conditions Second Motion Arry Furdw Discussion Vote MID PM Volbrecht r Area Variances, Drake Road, Parcel # 37.1-7m= & 37.1-7,3.21 • Close Public Hearing MA Comments and Questions Complete SEQRINeed Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Furtfier Discussion Vote Approval of August 26, 2004 Minutes • Motion to Adjourn Second Motion Meeting Adjourned at PM