HomeMy WebLinkAbout2007-06-19 f�
APPROVED ZBA Amended 7/ 17/07
Town of Lansing
Tuesday, June 19, 2007 7400 PM, Zoning Board of Appeals Meeting
ZONING BOARD OF APPEALS MEMBERS
(* Denotes present)
* Gregg Travis, Chairman David Dittman
* Linda Hirvonen * Dan Konowalow
* Ronald Bricker, Alternate Member * Henry (Hurf) Sheldon
Darby Kiley, Environmental Planner
* Richard G . Platt, Code Enforcement Officer
* Bud Shattuck, Town Board Liaison
* Lorraine Moynihan Schmitt, ZBA Attorney
PUBLIC PRESENT
Ruth Hopkins Paul Southard
Roger Hopkins Greg Jordan
Greg Bush A. Scott Pinney
Connie Wilcox Charles Guttman
Matthew Besemer
GENERAL BUSINESS
Gregg Travis, Chairman of the Board called the meeting to order at 7:04 PM.
Public Hearing - Area Variance, Applicant Ruth Hopkins, 163 Asbury
Road, Tax Parcel # 37.1=44
*Daniel Konowalow made a motion to open the Public Hearing at 7:04 PM. Ronald
Bricker seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Aye
Linda Hirvonen - Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
Gregg Travis read the Legal Notice published in The Ithaca journal
1
rJ
APPROVED zBA Amended 7/ 17/07
Public Comments/Concerns
There were none.
Applicant
Roger Hopkins appeared before the board requesting an Area Variance to add an 18' x
20' extension to the side of their existing garage . The required set back is 30 feet from the
right of way along Asbury Road. Due to the lay of the land having a steep slope and
gully, the Hopkins have no other feasible location to move the structure, therefore, the
proposed permanent building would be 21 ' 10" from the right of way .
*Daniel Konowalow made a motion to close the Public Hearing at 7:10 PM. Linda
Hirvonen seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Aye
Linda Hirvonen - Aye
Daniel Konowalow - Aye
• Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
The Board Members reviewed the Area Variance Criteria as follows:
1 . State whether there is an alternative method to achieve what the
applicant desires, and reason why :
Not feasibly (without substantial expense and hardship to the
applicant) .
The variance requested is minimal .
2 . State whether the variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or
district, and reason why :
The variance will have no substantial impact on the physical or
environmental conditions in the neighborhood or district.
2
APPROVED zBA Amended 7/ 17/07
3 . State whether the alleged difficulty(variance needed) was self-
created, and reason why :
Yes but the constraints were already in place and are minimal .
Physical lot restrictions hinder the intended use.
*Daniel Konowalow made a motion to approve the Area Variance as presented. Ronald
Bricker seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Aye
Linda Hirvonen - Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
Use Variance -, 3070 North Triphammer Road, Parcel # 37.1-M4.221 R1
District. Applicant. A. Scott Pinn
Gregg Travis, Chairman explained to all in attendance that this is a continuation of a
previous discussion from June 5, 200b and possibly a decision regarding the Use Variance
for A. Scott Pinney be made on this date.
Member Discussion
Lorraine Moynihan Schmitt counseled to the members that the Application before the
board is for a new Use Variance. Ms. Moynihan Schmitt further stated that the prior use
should be taken into consideration as the board goes through the Balancing Criteria in
particularly where it asks whether alleged difficulty is self-created.
Gregg Travis reminded the members that the Varga letter described in Mr. Varga's
words what the Use was at the time he was in business.
Linda Hirvonen stated she has driven by the site on a daily basis for many years and has
noticed a large change from the time Mr. Varga owned it to when Mr. Pinney owned it. A
large amount of equipment and materials since Mr. Pinney acquired the property is
visible, whereas it was not visible when Mr. Varga was there.
Lorraine Moynihan Schmitt reiterated that a mere increase the volume of Mr. Pinney's
business, in and of itself, does not amount to an unlawful expansion, neither does a
modernization his equipment.
3
r
APPROVED ZBA Amended 7/ 17/07
Gregg Travis reminded members the two new things they discussed previously was the
type of Business being paving and rental that Mr. Pinney is doing that Mr. Varga did not.
Lorraine Moynihan Schmitt advised in regards to the Grandfathered Use issue and the
application for Use Variance before the board, the board could impose reasonable
conditions in order to address some of the concerns, such as visibility, noise, traffic as long
as they are related to the health, safety and general welfare of the residents in the district.
Gregg Travis indicated his recollection at the Public Hearing was that the residents on the
business side of the road with the exception of 1 adjoining property did not find the
business offensive. However, people on the east side of the road found it visually
offensive.
Linda Hirvonen felt due to the amount of acreage that Mr. Pinney has at the site, that on a
simplistic bases that it would be quite easy to place his equipment in a different part of
the acreage that would not have as much impact on the neighbors.
Henry (Hurf) Sheldon felt the board should define any imposed conditions in terms the
scale as opposed to the type of business.
Greg Travis stated if the physical area in which Mr. Pinney could use is restricted, that
could be a limiting factor if indeed his business expanded.
Daniel Konowalow stated the only way to limit some of the visual impact is to restrict the
equipment parking. A solid gate across the driveway is an option, as is a double row of
Conifers.
The members reviewed the Use Variance Criteria.
FINDINGS:
1 . State why the applicant cannot realize a reasonable return from the
propertywithout the 12roposed variance: The applicant cannot
realize a reasonable return from other uses of the property because
the current use is the only permitted continuing non-conforming
commercial use of the property . The applicant seeks to expand the
original use due to the growth and success of his business
operations . Further, to the extent that residential uses, such as
rental use, may be considered to provide a reasonable rate of
return, the ZBA notes (1 ) the property is adjacent to a commercial
district, and (2) the property has been in commercial use for over 20
years such that the utility of the building and grounds for
residential purposes are substantially impaired . Thus, the ZBA
finds that the only reasonable rate of return that can be had upon
4
APPROVED zBA Amended 7/ 17/07
• that property, due to its unique location and history, is its
continuance as a commercial use.
2. State what unique conditions exist: The hardship applies only to
this particular property wherein the applicant seeks to continue
and expand a previously existing use within the current RI
residential low density district. The subject property abuts on the
edge of a B2 Commercial Mixed Use District under the current
Land Use Ordinance .
3 . Will the proposed use alter the essential character of the
neighborhood or be disruptive? Not with the conditions imposed
below . The proposed use is an expansion of the continuing prior
use .
4 . Was the alleged hardship self-created? No. The current use is a
continuation of the excavation business activities conducted by the
prior property owner as a previously allowed use .
. After conferencing with Mr. Pinney, Attorney Guttman indicated that some of the
suggestions discussed this evening, such as a solid gate would not be financially feasible
for his client.
The members compiled the following conditions,
1 . Within a reasonable amount of time (not to exceed 90 days), the applicant
shall plant a thick view-obscuring vegetative screen beginning at the northern
part of the property at a distance of 50 feet from North Triphammer Road and
continuing along the north property line to a point approximately opposite of the
west end of the existing trees on the south side of the entrance/ driveway . See
attached Sketch Plan, which is incorporated herein and made a part of this
Decision.
2. Parking of excavation, paving and construction related equipment and
vehicles shall be restricted to the western portion of the eastern side of the
existing storage building on the site . See Sketch Plan.
3 . Parking for personal vehicles shall be permitted between the eastern
portion adjacent to the existing storage building and the eastern edge of the
• newly planted northern vegetation screen. See Sketch Plan.
5
APPROVED ZBA Amended 7/ 17/07
4 . Commercial and business use of the property shall only be permitted
outside of a 50 foot area beyond the principal office structure currently located
on the site . See Sketch Plan.
5 . Outdoor storage along the south side of the existing storage building shall
be prohibited unless additional vegetative or other screening is provided along
the property line of the adjacent property to the south of the site . See Sketch
Plan.
6 . The applicant shall maintain the existing vegetative screened along the
western boundary of the property to the south of the site. See Sketch Plan.
7. The applicant shall maintain the currently existing vegetative tree screen
located along the south side of the property, east of the currently existing storage
building. See Sketch Plan.
& All vegetative plant screens planted by the applicant pursuant to the
above conditions shall be at minimum height of 6 feet at the time of planting
with an expected mature growth of at least ten feet. Such screening plants
should be planted a reasonable distance apart as will permit, in the future, the
mature and full growth of such plants and full screening by such cover . All
ivegetative plant screens shall be maintained by the applicant and replaced if the
plantings die off or " thin-out" through natural means or otherwise .
*Sketch Plan completed and made part of record.
Henry (Hurf) Sheldon stated for the record that the Zoning Board of Appeals would like
to work iri a cooperative fashion with Mr. Pinney.
*Daniel Konowalow made a motion to approve the Use Variance subject to the above
conditions and to include the attached Sketch Plan. Henry (Hurl) Sheldon seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Aye
Linda Hirvonen - Abstained
Daniel Konowalow Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
. ARprovaMenial of Tune 5, 2007 Minutes
6
,t
APPROVED ZBA Amended 7/ 17/07
*Daniel Konowalow made a motion to approve the minutes as submitted. Henry (HurfJ
Sheldon seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Abstained
Linda Hirvonen - Abstained
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
Other Business
Ms, Lorraine Moynihan Schmitt requested the formatting under the List of Members be
edited to show who the Alternate Member is, in addition, change her Title to; ZBA
Attorney.
*Linda Hirvonen made a motion to adjourn the meeting at 9:14 PM. Henry (Hurf)
Sheldon seconded.
VOTE AS FOLLOWS:
Ronald Bricker - Aye
Linda Hirvonen - Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED .
•
7
Town of Lansing Zoning Board of Appeals Meeting
• June 19, 2007
Visitors Please Sign In Below : (Please Print)
Name Address
Rai .
http : //www . lansingtown . com/
•
0
M
io
0
0
0
U o
2
Q �
z o
W X X o X co m X X X X
in c
0
mti
N Ora c x x X X X X X X X X
V. o
o �
0
0
N
O
r• X X X X O O x x X X
O
N o X X X X o x X X x
M
O
p X X O x O O X O x O
N
N
O
O
CD 0 x x X x x x x 0 0
Taaa
'aaaaat g i)
Q m 2 m r c
@ L @ J U L
m C C m C C
d cu C aa�d .0 ?� O j to C
V itU C N N > f`0
m` o am-: Y I I aI U icn i`