HomeMy WebLinkAbout2009-10-20 APPROVED
Town of Lansing
Monday, October 20, 2009 7:00 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
* Jeffrey Overstrom,Engineer&Planning Coordinator
* Bud Shattuck,Town Board Liaison
Lorraine Moynihan Schmitt,ZBA Attorney
PUBLIC PRESENT
Diane Rutherford
Andy Sciarabba
GENERAL BUSINESS
Gregg Travis called the meeting to order at 6:45 PM. Mr. Travis acknowledged
the Legal Notice published in The Ithaca Journal with regards to the Public
Hearing on the Area Variance.
Public Hearing for: Area Variance, Applicant: Diane Rutherford,
559 Ridge Road, Tax Parcel # 38.-1-4-12
Henry (Hurf) Sheldon made a motion to open the Public Hearing at 7:06 PM.
Linda Hirvonen seconded.
VOTE AS FOLLOWS:
David Dittman - Aye
Linda Hirvonen-Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
Member/Public Comments/Concerns:
Ms. Rutherford appeared before the Board requesting an Area Variance for
setback requirements in order to open a Bed & Breakfast. According to The
Town of Lansing Land Use Ordinance, Article VIII, Section 802.17(a) Bed &
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APPROVED
Breakfast, No building is located less than fifty (50 ft from the lot line of an
existing residence. Ms. Rutherford is approximately 1.8ft shy of meeting this
requirement. Neighboring residents have provided a petition in favor of the
proposed Bed & Breakfast. In addition, the landowner that abuts Ms.
Rutherford's property provided a written and notarized letter expressing that
they do not see a significant concern with the small infringement upon their
property.
Andy Sciarabba: Inquired if when the addition was built to the residence was
there a deficiency with the setbacks at that time.
Rachel Jacobsen: Advised no, the Setbacks for the R2 District were as follows;
rear 30' and 10/25 for sides. The Building Inspector is very adamant about
making sure setbacks are correct.
Henry (Hurf) Sheldon requested the Stoke's Letter and neighboring petition be
made a part of the record.
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APPROVED
V! WE.
era t �lS
COPY n y 1
October 14,2009
TOWN OF LANSING
BOX 186
Lansing,N.Y. 14882
Re:Diane Rutherford,599 Ridge Road,Tax Parcel_#26.-4-7.22 Request for Area
Variance.
TO: Whom it May Concern:
I, Wayne D.Stokes along with my wife Kristi L.Stokes own 4 Lakeview Drive,
Lansing,N.Y. It is our property that Ms.Rutherford's request for an area variance
infringes upon.
We would like to make known that we have no objection to Ms.Rutherford's
request for an area variance. She has shown where the 50' distance is over our adjoining
property line by approximately One(l)foot and we do not see this as a significant
concern,especially due to the fact that our house is over 100 feet from the property line.
We also would like to make know that we support Ms.Rutherford's endeavor to
develop a Bed and Breakfast at this location,especially in light of knowing of her
existing,quality operated Bed and Breakfast.
Sincerely,
Wayne D.Stokes
•
Kristi Stokca •
A ;F(;Cn E.WILKINSON
Nnrary r •1i' Seto of ikew York
ve nowi13
n11Rli(i P,' In+.,.nfIrifS County
4 Lakeview Drive c m.sslon Esp.( t I4u10roeec 16,a�
Lansing,N.Y. 14882
(607)533-8757
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APPROVED
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APPROVED
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Daniel Konowalow made a motion to close the Public Hearing at 7:16 PM. Linda
Hirvonen seconded.
VOTE AS FOLLOWS:
David Dittman - Aye
Linda Hirvonen-Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
The Board Members reviewed the criteria for an Area Variance.
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
No, the Variance is minimal.
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APPROVED
2. Is there an alternative method, feasible to pursue, to achieve what the
Applicant desire, and reason why:
No.
3. State whether the requested Area Variance is substantial, and reason why;
No, this is not substantial, it is less than two feet.
4. State whether the Variance will have adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
No.
5. State whether the alleged difficulty was self-created, and reason why:
Yes, self created, due to the change in Use from Residential to a Bed
& Breakfast.
Daniel Konowalow made a motion to grant the Area Variance. David
Dittman seconded.
VOTE AS FOLLOWS:
David Dittman - Aye
Linda Hirvonen-Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis -Aye
MOTION CARRIED.
Approval/Denial of July 27, 2009 Minutes
Daniel Konowalow made a motion to approve as presented. Henry (Hurf)
Sheldon seconded.
VOTE AS FOLLOWS:
David Dittman - Aye
Linda Hirvonen-Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
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APPROVED
Daniel Konowalow made a motion to adjourn the Meeting at 7:35 P.M. Linda
Hirvonen seconded.
VOTE AS FOLLOWS:
David Dittman - Aye
Linda Hirvonen-Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
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