HomeMy WebLinkAbout22-02 2 Beach Rd AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant and Owner: Variance No: 22-02
Erin Worsell and Derek Osborne Zoning District: Bl
2 Beach Road Public Hearing Published on: 6/7/22
Lansing, NY 600' Notices Mailed: 6/6/22
Property Location: 2 Beach Road
Tax Parcel #f: 31.-2-4
Requirement for which Area Variances are requested:Town of Lansing Zoning Law § 270-11, Permission to
Frontage, Yard, Height and Coverage Requirements
RESOLUTION AND FINDINGS
WHEREAS, Erin Worsell and Derek Osborne, Applicants and Owners of 2 Beach Road, Tax Parcel No. 31.-2-4
located in the Mixed Use— 131 Zone applied for an Area Variance from Town of Lansing Zoning Law § 270-
24 A., Fences and Walls, to construct approximately 146 feet of eight foot high fence where six feet in height is the
maximum permitted; and
WHEREAS, on 14 June 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 617.5(c)(12), (construction,
expansion or placement of minor accessory/appurtenant residential structures, including garages,
carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or
other buildings not changing land use or density), such that no further environmental review is required,
nor does this matter 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:
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?
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Yes _ No x Findings: The Zoning Board of Appeals finds that the applicant is installing a
professional fence that will be attractive and have longevity.
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 the applicant has done due
diligence by attempting to use a natural buffer several times. A six-foot fence does not achieve the desired
goal.
c. Whether the requested area variance is substantial?
Yes _ No x Findings:The Zoning Board of Appeals finds that the request of an eight-foot fence
is not substantial.
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 there would be no environmental
impact. As 8'deer fencing, as defined in the town zoning code, is allowed, permitting a privacy fence would
only have an aesthetic impact.
e. Whether the alleged difficulty was self-created?
Yes x No _ Findings: The Zoning Board of Appeals finds that this difficulty is self-created, as
the applicant simply wants the fence to be taller.
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 270-24 A., Fences and Walls, to
construct approximately 146 linear feet of eight-foot-high fence where six feet in height is the maximum
permitted.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
Yes _ No x
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF
LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
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Motion by: Mary Stoe
Seconded by: Rick Hayes
Richard Hayes— Aye
Mary Stoe— Aye
Susan Tabrizi —Aye
Jack Young— Aye
Judy Drake—Aye
Dated: 14 June 2022
Received in the Lansing Town Clerk's Office on
Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York
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