The URL can be used to link to this page

Home My WebLink About2021-10-12 ZBA Minutes I Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, October 12, 2021 6:30 PM 4 Via Zoom 5 Present 6 Maureen Cowen 7 Judy Drake, Chair 8 Richard Hayes 9 Mary Stoe 10 Jack Young, Alternate 11 12 Excused 13 14 Other Staff Present 15 John Zepko, Planner Bronwyn Losey, Councilperson Heather Dries, Planning Clerk 16 17 Public Present 18 May Lovelace Amy Newman Eric Clay Drew Minson Barry Ziring 19 Tracey Cucci 20 21 General Business 22 Chair Judy Drake opened the meeting at 6:36pm. 23 24 Alternate Jack Young was enacted as a voting member in the excused absence of a voting 25 member. 26 27 Motion to Approve the Minutes of September 14, 2021 as amended. 28 Moved by: Mary Stoe Seconded by: Richard Hayes (Motion Carried) 29 30 PUBLIC HEARING #1 31 Consideration of an Appeal made by Amy Newman and Eric Clay on behalf of Newman-Clay 32 Revocable Trust, 281 Bill George Rd; Tax Parcel No. 24.4-2, located in the Lakeshore — L1 (with 33 lake frontage) Zoning District. The applicant is proposing to demolish an existing shed construct 34 an 8' x 12' accessory building at the same location. The proposed accessory building will extend 35 2' to the South from the existing footprint. The applicant is requesting permission to replace 36 and expand a nonconforming structure per Town of Lansing Zoning Code § 270-44.This is an 37 Unlisted Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16) and 6 38 NYCRR 617.5(c)(17). 39 The above referenced appeal and its supporting documents are available for inspection at 40 https://Ifweb.tompkinsco.org/WebLink/Browse.aspx?id=52144&dbid=7&repo=Lansing Page ] of 5 DRAFT 41 42 Motion to Open the Public Hearing for 281 Bill George Road at 6:43 pm. 43 Motioned by: Richard Hayes Seconded by: Mary Stoe (Motion Carried) 44 45 Summary of discussion: 46 — The Applicant and their representative explained their new application. 47 Public Comment: 48 — Neighbor, Drew Minson, explained his opposition to the project. 49 Board Deliberation: 50 — The additional 2' the applicant would like to add to the structure are on the south side 51 of the structure, away from the closest neighbor. 52 — The structure will be raised 3 % ' off the ground to allow maintenance and storage. 53 — The only concern the Zoning Board members have would be with the raised height of 54 the shed. 55 — The applicants have put a lot of effort into minimizing the impact on neighbors. 56 57 Motion to Close the Public Hearing for 281 Bill George Road at7:02 pm. 58 Motioned by: Jack Young Seconded by: Richard Hayes (Motion Carried) 59 60 AREA VARIANCE FINDINGS AND DECISION 61 TOWN OF LANSING ZONING BOARD OF APPEALS 62 63 BACKGROUND INFORMATION 64 65 Applicant: Amy Newman & Eric Clay Variance No: 21-07 66 281 Bill George Road Zoning District: L1 67 Groton NY 13073 Public Hearing 68 Published on 09/29/2021 69 Mailed 600' Notices 70 Property Location: 281 Bill George Road on: 09/30/2021 71 Tax Parcel #: 24.-4-2 72 73 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section 74 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 75 76 RESOLUTION AND FINDINGS 77 78 WHEREAS,Amy Newman & Eric Clay, Applicants, are proposing to demolish an existing shed 79 and construct an 8' x 12' accessory building at the same location. The proposed accessory 80 building will extend 2' to the South from the existing footprint. The applicant is requesting 81 permission to replace and expand a nonconforming structure per Town of Lansing Zoning Code 82 § 270-44; and Page 2 of 5 83 84 WHEREAS, on September 14, 2021, the Town of Lansing Zoning Board of Appeals (the "ZBA") 85 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 86 in support of the requested area variance; (ii) all other information and materials properly before 87 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 88 the ZBA; and 89 90 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 91 that no further environmental review is required) and this matter also does not require General 92 Municipal Law §239 -1, -m, and -n referral as the items are excluded per an Inter-Governmental 93 Agreement between the Tompkins County Planning Department and the Town of Lansing dated 94 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all 95 evidence and testimony presented to the ZBA, 96 97 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 98 99 1.The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 100 respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b), and 101 other applicable provisions of law and of the Zoning Ordinance: 102 103 a. Whether an undesirable change will be produced in the character of the neighborhood or a 104 detriment to nearby properties will be created by the granting of the area variance? 105 106 Yes _ No x Findings: The Zoning Board of Appeals finds that by using the existing 107 footprint with only a slight modification, there is not an undesirable change to the character of 108 the neighborhood. From the neighbor's photographs, it does not appear that the proposed 109 structure would reach the base of his windows. There would be no impact to other neighbors. 110 111 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 112 the applicant to pursue, other than an area variance? 113 114 Yes No x Findings: The Zoning Board of Appeals finds that it would be difficult to 115 achieve the desired use by staying in the current footprint. 116 117 c. Whether the requested area variance is substantial? 118 Yes No x Findings:The Zoning Board of Appeals finds that the requested area variance 119 is not substantial. The structure is very small in size, is staying mostly within the same footprint, 120 and is expanding two feet away from the closest neighbor's residence. 121 122 d. Whether the proposed variance will have an adverse effect or impact on 123 the physical or environmental conditions in the neighborhood or district? 124 Page 3 of 5 DRAFT 125 Yes _ No x Findings: The Zoning Board of Appeals finds there would not be an 126 adverse effect on the physical or environmental conditions in the neighborhood.The applicant is 127 replacing an existing shed. 128 129 e. Whether the alleged difficulty was self-created? 130 131 Yes _ No x Findings: The Zoning Board of Appeals finds that the cost of rebuilding 132 exceeding 51% of the value of the existing structure and the proximity to the floodplain have 133 triggered the necessity to comply with floodplain regulations in raising the height of the building, 134 this difficulty is not self-created. 135 136 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 137 138 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 139 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 140 further found and determined that (i) the benefit to the applicant outweighs any potential 141 negative impacts or detriment to the neighborhood or community; and (ii) such area variance 142 are the minimum necessary as adequate to grant relief and, at the same time, preserve and 143 protect the character of the neighborhood and the safety and welfare of the community. 144 145 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 8'x12' shed raised 3 %' extending to the south 146 2' off the original footprint 147 148 149 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED? 150 Yes x No 151 152 STATEMENT OF CONDITIONS: 153 154 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 155 to avail itself of the benefits of the above-described area variance within one year from 156 the date hereof, this approval and such area variance shall expire. In cases where 157 construction may be applicable, "avail itself of the benefits" shall mean a building permit 158 obtained (if necessary) and substantial construction as commenced. Said one-year 159 approval period may be extended for good cause by the ZBA if application for an 160 extension is submitted before the expiration of the then applicable variance period. 161 2. These conditional area variance approvals are not, and do not constitute, a determination 162 upon, or concurrence respecting, the nature or quality of underlying rights in title or in 163 the littoral use of Cayuga Lake, but are only issued in respect to the bulk, density, setback, 164 yardage, and any other dimensional requirements of zoning respecting the lots and 165 parcels of the subject application. 166 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 167 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 168 Page 4 of 5 DRAFT 169 Motion by: Richard Hayes 170 Seconded by: Jack Young 171 Maureen Cowen —Aye 172 Judy Drake—Aye 173 Richard Hayes—Aye 174 Mary Stoe—Aye 175 Jack Young—Aye 176 177 Dated: October 12, 2021 178 179 Discussion: 180 181 Chair Judy Drake adjourned meeting at 7:28PM 182 183 Minutes taken and executed by Heather Dries Page 5 of 5