HomeMy WebLinkAbout22-04 1184 E Shore Dr AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant and Owner: Variance No: 22-04
Robert Sterling Zoning District: L1
1184 East Shore Road Public Hearing Published on: 6/7/2022
Lansing, NY 600' Notices Mailed: 6/6/2022
Property Location: 1184 East Shore Road
Tax Parcel #: 48.4-10
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, Robert Sterling, Applicant and Owner of 1184 East Shore Road, Tax Parcel No. 48.-1-10located
in the Lakeshore — L1 Zone applied for an Area Variance from Town of Lansing Zoning Law § 270-11,
Schedule II:Area, Frontage,Yard, Height and Coverage Requirements,to construct a 10'x 20' shed in the side yard,
18 inches from the side yard line, where 10' is required, ;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 NYCRR 617.5(c)(16),granting of individual
setback and lot line variances and adjustments, 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?
Yes _ No x Findings: The Zoning Board of Appeals finds that the shorter distance from property
lines is standard for the neighborhood.
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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 proposed location for the
structure is the best fit for this property in relation to the other structures and the septic.
c. Whether the requested area variance is substantial?
Yes x No _ Findings: The Zoning Board of Appeals finds that this is a substantial request, but
is warranted due to the character of the neighborhood.
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 impact.
e. Whether the alleged difficulty was self-created?
Yes x No _ Findings: The Zoning Board of Appeals finds that this is self-created simply because
they want a shed in that location.
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 270-11, Schedule II: Area,
Frontage, Yard, Height and Coverage Requirements, to construct a 10' x 20' shed in the side yard, 18
inches from the side yard line, where 10' is required,
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
Yes x No
STATEMENT OF CONDITIONS:
1. The structure be no taller than 12 feet.
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF
LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
Motion by: Mary Stoe
Seconded by: Rick Hayes
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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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