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HomeMy WebLinkAbout22-01 300 Portland Point- Signed AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicant and Owner: Sean &Jennifer Whittaker Variance No: 22-01 300 Portland Point Road Zoning District: IR Lansing, NY Public Hearing Published on: 1/6/2022 Mailed 600' Notices Sent on: 1/5/2022 Property Location: 300 Portland Point Road Tax Parcel #: 36.-1-83 Requirement for which Area Variances are requested: Town of Lansing Land Use Ordinance (the "Zoning Ordinance"): Town of Lansing Zoning Law § 270-44, Permission to Alter or Enlarge RESOLUTION AND FINDINGS WHEREAS, Sean & Jennifer Whittaker, Applicant and Owner of 300 Portland Point Road, Tax Parcel No. 36.-1-83 located in the industrial/Research Zoning District (IR) applied for an Area Variance from Town of Lansing Zoning Law § 270-44, Permission to Alter or Enlarge; and WHEREAS, Applicant is requesting an Area Variance to facilitate the relocation and expansion of a legally pre-existing non-conforming single family dwelling; and WHEREAS, on 11 January 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant in support of the requested area variance; (ii) all other information and materials properly before the ZBA; and (iii) the issues and impacts raised for consideration by neighbors,the public, and the ZBA; and WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such that no further environmental review is required)and this matter also does not require a GML Section 239 review; so, upon due deliberation upon the foregoing, the application, and all evidence and testimony presented to the ZBA, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other applicable provisions of law and of the Zoning Ordinance: Page 1 of 3 a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance? Yes _ No x Findings:The Zoning Board of Appeals finds that there will be no change in the nature of the neighborhood. It is just a demolition and replacement of an existing structure. b. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? Yes _ No x Findings:The Zoning Board of Appeals finds that there is no other feasible method, other than not doing anything. The current structure is not energy efficient. c. Whether the requested area variance is substantial? Yes _ No x Findings: The Zoning Board of Appeals does not find the increase of 400 sgft to be substantial. The structure is and will remain a 3 bedroom dwelling. d. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Yes _ No x Findings: The Zoning Board of Appeals finds that this variance will not have an adverse effect on the physical or environmental conditions in the neighborhood. There will be improvements made on site during the construction of the new structure. e. Whether the alleged difficulty was self-created? Yes x No _ Findings: The Zoning Board of Appeals finds that the alleged difficulty was self- created. There is a habitable structure on site. The construction of a new home has not been imposed on the applicant. 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA")that the following area variance is GRANTED, with any conditions hereafter stated (if any), it being further found and determined that (i)the benefit to the applicant outweighs any potential negative impacts or detriment to the neighborhood or community; and (ii) such area variance is the minimum necessary as adequate to grant relief and, at the same time, preserve and protect the character of the neighborhood and the safety and welfare of the community. DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-44 (Permission to Alter or Enlarge) to permit the movement and expansion of a legally preexisting nonconforming single family dwelling. The existing house, garage, and shed totaling 2,981 sf will be demolished and replaced by a single family home and garage totaling 3,407 sf,with an additional accessory structures comprised of a covered walkway and deck totaling 1,669 sf, as shown on the submitted drawing AC0.01, dated 12/16/21, titled Sean & Jennifer Whittaker's Guest House and created by Jason K. Demarest Architecture. Page 2 of 3 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes x No STATEMENT OF CONDITIONS: 1. As variances are exceptions based upon exigent need or emergency, should applicant fail to avail itself of the benefits of the above-described area variances within two (2) years from the date hereof, this approval and such area variances shall expire. In cases where construction may be applicable, "avail itself of the benefits' shall mean a building permit obtained (if necessary) and substantial construction as commenced. Said two-year approval period may be extended for good cause by the ZBA if application for an extension is submitted before the expiration of the then applicable variances period. THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Richard Hayes Seconded by: Jack Young Richard Hayes— Aye Mary Stoe— Aye Susan Tabrizi —Aye Jack Young— Aye Judy Drake—Aye Dated: January 11, 2022 Received in the Lansing Town Clerk's Office on )Ce. A2 Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3