HomeMy WebLinkAbout2022-01-11 ZBA Minutes DRAFT
1 Town of Lansing
2 Zoning Board of Appeals Meeting
3 Tuesday, January 11, 2022 6:30 PM
4 Via Zoom
5 Present
6 Judy Drake, Chair
7 Richard Hayes
8 Mary Stoe
9 Susan Tabrizi
10 Jack Young
11
12 Other Staff Present
13 John Zepko, Planner Heather Dries, Planning Clerk
14 Bronwyn Losey, Town Board Liaison
15
16 Public Present
17 Sean &Jennifer Whittaker Jason Demarest
18
19 General Business
20 Chair Judy Drake opened the meeting at 6:36pm.
21
22 Motion to Approve the Minutes of December 14, 2021.
23 Motioned by: Richard Hayes Seconded by: Mary Stoe (Motion Carried)
24
25 Public Hearing: Consideration of an Appeal made by Sean &Jennifer Whittaker, 300 Portland
26 Point Road; Tax Parcel No. 36.-1-83, located in the Industrial/Research— IR Zoning District. The
27 applicant is proposing to demolish and rebuild a legally pre-existing nonconforming single-
28 family dwelling and is requesting an Area Variance from Town of Lansing Zoning Law § 270-44,
29 Permission to Alter or Enlarge. This is a Type II Action under the State Environmental Quality
30 Review Act 6 NYCRR 617.5(c)(17).
31
32 Motion to Open the Public Hearing for 300 Portland Point Road at 6:41 pm.
33 Motioned by: Mary Stoe Seconded by: Richard Hayes (Motion Carried)
34
35 Summary of discussion:
36 - Jason Demarest, and Sean &Jennifer Whittaker were present to discuss the project.
37 - Jason Demarest described the changes they have made to the proposal.
38 - The proposed structure will be larger than the existing structure. The existing structure
39 is —3000 sgft, the proposed structure will be —3400 sqft.
40 - There will be 10% lot coverage on the property.
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41 - The residential structure is more benign that the industrial use the property is zoned for.
42 - The proposal is consistent with the future goals of the Town Comprehensive Plan.
43
44 Public Comment:
45 - No Public Comment
46
47 Motion to Close the Public Hearing for 300 Portland Point Road at 6:50 pm.
48 Motioned by: Susan Tabrizi Seconded by: Jack Young (Motion Carried)
49
50 Board Deliberation:
51 - The structure will be moving a substantial distance but it will be moving towards the
52 primary residence on the property, so it will not affect neighboring properties.
53 - The change in the size of the home is not substantial.
54 - The proposed structure is replacing an existing structure of the same use.
55
56 AREA VARIANCE FINDINGS AND DECISION
57 TOWN OF LANSING ZONING BOARD OF APPEALS
58
59 BACKGROUND INFORMATION
60 Applicant and Owner:
61 Sean &Jennifer Whittaker Variance No: 22-01
62 300 Portland Point Road Zoning District: IR
63 Lansing, NY Public Hearing
64 Published on:
65 1/6/2022
66 Mailed 600' Notices
67 Sent on: 1/5/2022
68 Property Location: 300 Portland Point Road
69 Tax Parcel #: 36.-1-83
70
71 Requirement for which Area Variances are requested: Town of Lansing Land Use Ordinance (the
72 "Zoning Ordinance"): Town of Lansing Zoning Law § 270-44, Permission to Alter or Enlarge
73
74 RESOLUTION AND FINDINGS
75 WHEREAS, Sean & Jennifer Whittaker, Applicant and Owner of 300 Portland Point Road, Tax
76 Parcel No. 36.-1-83 located in the industrial/Research Zoning District (IR) applied for an Area
77 Variance from Town of Lansing Zoning Law § 270-44, Permission to Alter or Enlarge; and
78
79 WHEREAS, Applicant is requesting an Area Variance to facilitate the relocation and expansion of
80 a legally pre-existing non-conforming single family dwelling; and
81
82 WHEREAS, on 11 January 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA")
83 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant
84 in support of the requested area variance; (ii) all other information and materials properly before
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85 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and
86 the ZBA; and
87
88 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such
89 that no further environmental review is required) and this matter also does not require a GML
90 Section 239 review; so, upon due deliberation upon the foregoing, the application, and all
91 evidence and testimony presented to the ZBA,
92
93 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
94
95 1. The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings
96 with respect to the specific criteria for area variances as set forth in Town Law § 267-
97 b(3)(b), and other applicable provisions of law and of the Zoning Ordinance:
98
99 a. Whether an undesirable change will be produced in the character of the neighborhood or a
100 detriment to nearby properties will be created by the granting of the area variance?
101
102 Yes _ No x Findings: The Zoning Board of Appeals finds that there will be no change in
103 the nature of the neighborhood. It is just a demolition and replacement of an existing structure.
104
105 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for
106 the applicant to pursue, other than an area variance?
107
108 Yes _ No x Findings:The Zoning Board of Appeals finds that there is no other feasible
109 method, other than not doing anything. The current structure is not energy efficient.
110
111 c. Whether the requested area variance is substantial?
112
113 Yes _ No x Findings: The Zoning Board of Appeals does not find the increase of 400
114 sgft to be substantial. The structure is and will remain a 3 bedroom dwelling.
115
116 d. Whether the proposed variance will have an adverse effect or impact on
117 the physical or environmental conditions in the neighborhood or district?
118
119 Yes _ No x Findings: The Zoning Board of Appeals finds that this variance will not
120 have an adverse effect on the physical or environmental conditions in the neighborhood. There
121 will be improvements made on site during the construction of the new structure.
122
123 e. Whether the alleged difficulty was self-created?
124
125 Yes x No _ Findings: The Zoning Board of Appeals finds that the alleged difficulty
126 was self-created. There is a habitable structure on site. The construction of a new home has not
127 been imposed on the applicant.
128
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129 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
130
131 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
132 following area variance is GRANTED, with any conditions hereafter stated (if any), it being
133 further found and determined that (i) the benefit to the applicant outweighs any potential
134 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is
135 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect
136 the character of the neighborhood and the safety and welfare of the community.
137
138 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-44 (Permission to
139 Alter or Enlarge)to permit the movement and expansion of a legally preexisting nonconforming
140 single family dwelling. The existing house, garage, and shed totaling 2,981 sf will be
141 demolished and replaced by a single family home and garage totaling 3,407 sf, with an
142 additional accessory structures comprised of a covered walkway and deck totaling 1,669 sf, as
143 shown on the submitted drawing AC0.01, dated 12/16/21, titled Sean & Jennifer Whittaker's
144 Guest House and created by Jason K. Demarest Architecture.
145
146 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
147 Yes x No
148
149 STATEMENT OF CONDITIONS:
150 1. As variances are exceptions based upon exigent need or emergency, should applicant fail
151 to avail itself of the benefits of the above-described area variances within two (2) years
152 from the date hereof, this approval and such area variances shall expire. In cases where
153 construction may be applicable, "avail itself of the benefits" shall mean a building permit
154 obtained (if necessary) and substantial construction as commenced. Said two-year
155 approval period may be extended for good cause by the ZBA if application for an
156 extension is submitted before the expiration of the then applicable variances period.
157
158 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN
159 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
160
161 Motion by: Richard Hayes
162 Seconded by: Jack Young
163
164 Richard Hayes— Aye
165 M a ry Stoe— Aye
166 Susan Tabrizi —Aye
167 Jack Young— Aye
168 Judy Drake —Aye
169
170 Chair Judy Drake adjourned meeting at 7:05PM
171
172 Minutes taken and executed by Heather Dries
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