Loading...
HomeMy WebLinkAbout21-08 456 Ridge Rd AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicant: Sharon Olin Variance No: 21-08 456 Ridge Road Zoning District: RA Lansing, NY 14882 Public Hearing Published on 12/2/2021 Mailed 600' Notices Property Location: 456 Ridge Rd on: 12/1/2021 Tax Parcel #: 32.-1-34 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section 270-24 E. Fences and Walls RESOLUTION AND FINDINGS WHEREAS, Sharon Olin, Applicant, is proposing to construct an 8' high fence at her residence located at 456 Ridge Road, where 6 feet is the maximum permitted height (Section 270-24 E. Fences and Walls). WHEREAS, on December 14, 2021, 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 General Municipal Law §239 -1, -m, and -n referral as the items are excluded per an Inter-Governmental Agreement between the Tompkins County Planning Department and the Town of Lansing dated December 17, 2003; and; 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 an Area Variance 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 finds that the fence is far enough away from the neighboring home, the shared property line, and the road. 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 finds that other options, such as planting trees, are not feasible in a timely manner. c. Whether the requested area variance is substantial? Yes _No x Findings: The Zoning Board finds that the variance is not substantial. It is a 2 ft variance on the downhill side of a slope. 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 finds that this will not have an adverse effect. The applicant has support from most neighbors. e. Whether the alleged difficulty was self-created? Yes x No Findings: The Zoning Board finds that the difficulty was self-created, as the applicant began constructing the fence before getting approval. 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 are 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 VARIANCE GRANTED: Construction of an 8' heigh fence where 6' is the maximum permitted height. ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED? Yes x No Page 2 of 3 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 variance within one year from the date hereof, this approval and such area variance 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 one-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 variance period. 2. These conditional area variance approvals are not, and do not constitute, a determination upon, or concurrence respecting, the nature or quality of underlying rights in title or in the littoral use of Cayuga Lake, but are only issued in respect to the bulk, density, setback, yardage, and any other dimensional requirements of zoning respecting the lots and parcels of the subject application. 3. The applicant shall prune the Lilac bush to the extent that provides good visibility during all seasons. 4. The fence shall not extend closer than 34 feet from the white line on the eastern edge of Ridge Road. 5. The fence shall be no longer than 75 feet in length. 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: Maureen Cowen Maureen Cowen—Aye Judy Drake—Aye Richard Hayes— Aye Mary Stoe—Aye Jack Young— Aye Dated: December 14, 2021 Received in the Lansing Town Clerk's Office on ) L-2/ Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3