HomeMy WebLinkAbout1999-06-22 -:.
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Town ® Lans 'in
3 Tuesday , June 22 , 1999 ; 7 : 30 PM Zoning Board of Appeals
4
ZONING BOARD OF A PEALS MEMBERS
5 (* Denotes present)
6 Steve White, Chair » David Dittman
» » Wayne Lucas
7 Linda Hirvonen }
8 » Stephen Wright
9
10 Steve Farkas, Town Councilman
11 » George Totman, Zoning and Code Enforcement Officer
12
13 PUBLIC PRESENT
14 Francis Benedict
15 Donna Benedict
16 Larry Fabroni
17
18 GENERAL BUSINESS
19 Linda Hirvonen called the meeting to order at 7 : 30 PM .
20 Public Hearing, 325 Lansing Station Road , Tax Map ti 14 . -2 -20
21 Linda read the legal notice printed in the Ithaca Journal regarding the public hearing for an area variance
22 request of Francis & Donna Benedict, 325 Lansing Station Road .
23 Linda Hirvonen declared the public hearing open . Linda explained that the size of the lot and position of
24d the railroad make it difficult to place a house on the lot within the zoning requirements . Linda stated
25 that the house would be 1 foot from the road right- of-way and be 5 feet from the property lines on either
26 side .
27 George Totman read the footnote on Page V- 10 of the Land Use Control Ordinance for the Town of
28 Lansing regarding lakefront setbacks , explaining that for lots fronting the lake, front yards are facing the
29 lake, everywhere else the front yards are facing the access road .
30 Fran Benedict explained that they have been on the property since 1984 . M.r . Benedict stated that at first
31 there was an old trailer on the lot , which they have removed . Mr. Benedict stated that now they are
32 using a camper, but they would like to put a more permanent residence there .
33 Linda Hirvonen stated that they received several letters from adjoining neighbors , all in favor of the
34 proposed variance . Linda asked that the letters be made part of the minutes of this meeting.
35 Larry Fabroni explained the survey map . Mr . Fabroni stated that the proposed residence is not out of
36 character of the neighborhood . Mr. Fabroni explained that because of the slope of the land , it is not
37 uncommon to find structures or parking immediately adjacent to or perpendicular to the road . David
38 Dittman asked what is the required setback from the lake to a sand filter. Mr. Fabroni replied that it is
39 100 feet to the lake or a water body. Mr . Fabroni stated that. it is roughly 140 feet horizontally and at
2 Town of Lansing Zoning Board of Appeals, June 22, 1999
I least 26 feet vertically to the well . David Dittman asked if they could put the sand filter on the railroad
2 strip . Mr. Fabroni replied that it might be possible if they had about three years to deal with the railroad .
3 Mr . Fabroni added that realistically if down the line an alternative area were needed , it is sitting there ,
4 but it is a very difficult thing to deal with the. railroad . George Totman stated that history has shown it
5 takes about 2 % to 3 years . Linda Hirvonen stated that usually a sandfilt.er requires a large lot , and she
6 thinks the health department likes to see room for a replacement system should the original one fail , Mr .
7 Fabroni replied that he has had a preliminary conversation with John Andersson at the County Health
s Department and John acknowledged that this is probably the best situation . George Totman stated that if
9 they approve this plan tonight, Mr . Benedict would still not be able to get a building permit until George
10 receives health department approval for the septic system . Mr. Fabroni added that will need a variance
t I from the health department as well .
12 Steve Wright asked if this as a town or county road . Larry Fabroni replied that it is a town road .
13 Linda Hirvonen stated that she would read the criteria for an area variance .
14 1 . Whether the benefit sought by the applicant can be achieved by some method , feasible for the
15 applicant to pursue , other than an area variance ;
16 No
17 2 . Whether an undesirable change will be produced in the character of the neighborhood or a
18 detriment to nearby properties will be created by the granting of the area variance .
19 No
20 3 . Whether the requested area variance is substantial ;
21 Yes
22 4 . Whether the proposed variance will have an adverse effect or impact on the physical or
23 environmental conditions in the neighborhood or district ;
24 No
25 5 . Whether the alleged difficulty was self-created , which consideration shall be relevant to the
26 decision of the board of appeals , but shall not necessarily preclude the granting of the area
27 variance .
28 No
29
30 David Dittman motioned to close the public hearing at 7 : 56 PM. Stephen Wright seconded . VOTE :
31 ALL IN FAVOR . MOTION CARRIED UNANIMOUSLY .
32
33 Stephen Wright stated that as it does not make a significantchange in the neighborhood , he feels it is not
34 a substantial issue . Wayne Lucas stated that it goes along with others in the area . David Dittman stated
35 that lie does not have any problems with it. Linda Hirvonen stated that as long as the health department
36 can be satisfied that there is no environmental problem disturbing the lake, she does not have a problem
37 with it .
38 Wayne Lucas moved to grant the area variance. Stephen Wright seconded .
39 VOTE : Wayne Lucas - Aye
40 David Dittman - Aye
41 Linda Hirvonen - Aye
42 Stephen Wright - Aye
Fin
Toner of tensing Zoning Board of opeo {s, June 22, 1929
] The motion carried unanimously .
2
3 then Benedict thanked the board.
a George Tolman neglalecd kilt the Board had to state their findings stating the reasons for the decision -
5 17indin4rs .
1. . It is eonsisi:enl with other properties in tire area ,
S 2 - Benefit cannot be achieved. by other means. deoeihle because of. railroad right - of-way and size of the
8 101 ,
9 3 , 11 is sehsl.sntial , t] owener it Corofornls with other hooses in the area .
Id 4 . Whether the variance WOuld' drive adverse (physical effect on the environment , they will defer to
[ I health department.
12S - The difficulty is not self- created , but more circumstance of the new zoning changes , the railroad , etc .
13
Linda Hiwonen stated that her only concern is that she knows how long and hard the Planning Board
15 worked on the zoning regulations . Linda stated that they are setting a precedent. Linda stated that she
] d does not think there is any other way to do it , given the railroad right -of- way.
t2
19 The Board adjourned at 8 : 1s Pard
19
24 Submitted by Robin Cornell
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•
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Lansing
2
3 Tuesday , June 22 , 1999 ; 7 : 30 PM Zoning Board of Appeals
4 ZONING BOARD OF APPEALS MEMBERS
5 (* Denuies eseass)
6 71577 White , Chair * David DiLman
7 * Linda 0irvonen * 59r797e Lucas
it SLepltert Wright
9
10 Steve Fai'lrss, Town Councilman
] 1 * George . SLenrsn , Lening and Code Cnforeen-ical Officer
12
13 PUBLIC PRESENT
14 draneis Benedict
15 Donna Benedict
16 Cony Fabroni
17
is GENERAL BUSINESS
19 Linda Hirvooe,r called the meeting to order at 7 : 30 PM.
20 Public flea ring , 325 Lansing Station Road , Tax May # 14 . -2 -20
21 Linda read the legal notion printed in the Ithaca journal regarding the public hearing for an area variance
59 request edfrancis Donna Benedict, 325 Lansing Station Road .
23Linda 1-firvocen declared the public hearing open . Linda explained that the size of the lot and position of
�. the railroad make it diffcult to plane a house on tire lot Whist a the zoning requirements - Linda stated
25 that the house. would be 1 foot from the road right-of- way and be 5 feet from the property lines 00 either
211 side ,
27 George ' Idieran read t]ie footnote on Pace U - Id of the Land Use Control Ordinance for the Down of
28 Lansing regarding lakefront setbacks , explaining that for lots fronting the lake, front yards are facing i.he
29 lake, eneryrnhere else the font yards are facing the access road .
30 Fran Benedict explained that they have been on the property since 1984 . Mn Benedict stated that at first
31 there mat an old trailer on tire lot, which they have removed - NIL Benedict stated that now they arc
32 using a camper , but they would like to put a more permanent residence there,
St Linda idirvoeel, stated that they received several letters from adjoining neighbors , all in favor of the
34 proposed variance . Linda asked 1.dat the letters be made pad: of the minutes of this meeting ,
35 Larry l'abrcni explained the survey map . Or . lmabroni stated that the proposed residence is not out of
36 c]laracier odthe neighborhood . Or' , l' abroili explained that because of the slope of the land , it is not
37 uncommon to f=ind structures or parking immediately adjacent to or perpendicular to the road. David
55 Dittman asked what is the required setback from the lake to a sand filter , Mr. Fabroni replied that it is
39 100 feet to the lake or a water body- Mr. ljabroni stated that it is roughly [ L0 feet horizontally acid at
t
2 Town of tallsin �, Zoning Board of Appeals, .lune 22, 1999
1 least 26 feet vertically to the well . David Dittman asked if they could put the staid filter on the railroad
2 strip . Mr . Fabroni replied that it might be possible if they had about three years to deal with the railroad .
3 Mr. Fabroni added that realistically if down the line an alternative area were needed , it is sitting there ,
4 but it is a very difficult thing to deal with the railroad . George Totman stated that history has shown it
5 takes about 2 %2 to 3 years . Linda Hirvonen stated that usually a sandfilter requires a large lot , and she
6 thinks the health department likes to see room for a replacement system should the original one fail . Mr.
7 Fabroni replied that he has had a preliminary conversation with John Andersson at the County Health
S Department and John acknowledged that this is probably the best situation . George Tatman stated that if
9 they approve this plan tonight, Mr. Benedict would still not be able to get a building permit until George
10 receives health department approval for the septic system . Mr . Fabroni added that will need a variance
11 from the health department as well .
12 Steve Wright asked if this as a town or county road . Larry Fabroni replied that it is a town road .
13 Linda Hirvonen stated that she would read the criteria for an area variance.
14 I . Whether the benefit sought by the applicant can be achieved by some method , feasible for the
15 applicant to pursue , other than an area variance ;
16 No
17 2 . Whether an undesirable change will be produced in the character of the neighborhood or a
18 detriment to nearby properties will be created by the granting of the area variance .
19 No
20 3 . Whether the requested area variance is substantial ;
21 Yes
22 4 . Whether the proposed variance will have an adverse effect or impact on the physical or
23 environmental conditions in the neighborhood or district ;
24 No
25 5 . Whether the alleged difficulty was self-created , which consideration shall be relevant to the
26 decision of the board of appeals , but shall riot necessarily preclude the granting of the area
27 variance .
28 No
29
30 David Dittman motioned to close the public hearing at 7 : 56 PM. Stephen Wright seconded . VOTE :
31 ALL IN FAVOR . MOTION CARRIED UNANIMOUSLY .
32
33 Stephen Wright stated that as it does not make a significant change in the neighborhood , he feels it is not
34 a substantial issue . Wayne Lucas stated that it goes along with others in the area . David Dittman stated
35 that he does not have any problems with it . Linda Hirvonen stated that as long as the health department
36 can be satisfied that there is no environmental problem disturbing the lake, she does not have a problem
37 with it .
38 Wayne Lucas moved to grant the area variance . Stephen Wright seconded .
39 VOTE : Wayne Lucas - Aye
40 David Dittman - Aye
41 Linda Hirvonen - Aye
42 Stephen Wright - Aye
r
3 Town. of tons onin Board of Appeals, .!erre 22. 099.
9.
I The motion carried unanimously.
y y
i
3: Fran Benedict thanked the board ,
4 georgic `lotnian explained that the Board had to state their findi ] ugs stating the reasons for the decision ,
5 Find ins :.
6 I . h consistent with other properties in the area .
7 2 . Benefit cannot be achieved by other means feasible because of railroad right -of- way and• size orthe
8 lot .
9 3 - it is substantial , however it conforms with other houses in the area .
10 4 . Whether the variance would have adverse physical etffeci on the environment , they will defer to
health department .
12 5 . The difficulty is not self=created , but more circtnnslance of the new zoning changes , the railroad , etc .
13
€ 4 Linda ]-iirvonen stated that her only concern is that she knows how long and bard the Planning Board
] 5 worked on the zoning regulations . Linda stated that they are setting a precedent . Linda stated that she
16 does not think there is any other way to do it , given the railroad right-of-way.
17
] 8 The Board adjourned at 8 : i 5 PM .
19
20 Submitted by Robin Cornell
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