HomeMy WebLinkAbout22-03 233 Asbury Rd AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant and Owner: Variance No: 22-03
Mark Armstrong Zoning District: R1
233 Asbury Road Public Hearing Published on: 6/7/22
Lansing, NY 600' Notices Mailed: 6/6/22
Property Location: 233 Asbury Rd
Tax Parcel #: 38.-1-20
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, Mark Armstrong, Applicant and Owner of 233 Asbury Road, Tax Parcel No. 38.4-20 located in
the Low Density Residential — R1 Zone applied for an Area Variance from Town of Lansing Zoning Law §
270-11, to construct an approximately six foot long porch in the front yard, 55' and 9" from the center line of the
road, where 60' is required
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 Part 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 there would not be a change in
character or a detriment to 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 this is a standard structure for
the front of a house and is consistent with the neighboring property.
c. Whether the requested area variance is substantial?
Yes _ No x Findings: The Zoning Board of Appeals finds that this is a small request.
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 will 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 to add this porch to the structure.
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 (Frontage, Yard, Height
and Coverage Requirements) to permit the construction of an approximately six foot long porch in the
front yard, 55' and 9" from the center line of the road, where 60' is required
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:
Motion by: Susan Tabrizi
Seconded by: Mary Stoe
Richard Hayes— Aye
Mary Stoe — Aye
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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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