HomeMy WebLinkAbout03-22-2023 ZBA MinutesTown of Lansing
Zoning Board of Appeals Meeting
Wednesday, March 22, 2023 6:30 PM
Lansing Town Hall, 29 Auburn Rd
Present
Judy Drake, Chair
Richard Hayes
Susan Tabrizi
Jack Young
Other Staff Present
John Zepko, Acting Director of Planning
Excused
Mary Stoe
Bronwyn Losey, Councilperson
Public Present
James Gensel, Fagan Engineers Duane Phillips, Dandy Corp.,
And several members of the public.
Chair Judy Drake opened the meeting at 6:30pm
Action Item:
Area Variances
Applicant: Dandy Mini -Mart
Location: Corner of Ridge Road and East Shore Drive; Tax Parcel Number 31.-6-9.1, 31.-6-10,
31.-6-11, 31.-6-13, 31.-6-14, 37.1-1-2
Project Description: The applicant is applying for area variances to allow for the addition of
signs beyond that which is permitted under §210 — Signs.
SEAR: This is a part of a Type I action currently under the review of the Planning Board.
Anticipated Action: Decision
Summary of Discussion:
• Jamie Gensel and Duane Phillips were present to discuss this project.
• All signs will be at least 12'-15' from the Right of Way.
• Zoning Board members feel that redundant signs are not necessary, but that their size
and number are mitigated by the distances and angles at which they are viewed.
• Zoning Board members asked the applicant to consider 1 monument sign and
directional arrows at the entrances, however input was given from the Planning Board
Chairman explaining that the Planning Board had directed the applicant to keep the
North East corner of the property as green space and to provide monument signs at
each entrance.
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AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant: Duane Philips Variance No: 23-01
Dandy Mini -Mart Zoning District: B1
Public Hearing Published on: 1/25/23
Notices Mailed on: 1 /24/23
Property Location: Ridge Rd & East Shore Dr.
Tax Parcel #: 31.-6-9, 31.-6-10, 31.-6-11, 31.-6-13, 31.-6-14
Requirement for which Area Variance is requested: Town of Lansing Code ("Code"): Section 210-5
I(1) — maximum number of commercial signs; 210-8 A. — maximum size of a commercial signs
RESOLUTION AND FINDINGS
WHEREAS Duane Phillip acting as agent for Dandy Mini Mart is requesting relief from the Town
of Lansing Zoning Code § 210-5 I(1) and 210-8 A. to include 11 signs totaling 341 square feet on its
site plan currently under review by the Town of Lansing Planning Board. The zoning code permits
two (2) commercial signs and a maximum area of 48 square feet.
WHEREAS on March 14, 2023 the Town of Lansing Zoning Board of Appeals (ZBA) thoroughly
reviewed and analyzed: (i) the information and evidence submitted by the applicant in support of the
requested area variances; (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 part of a project which was classified as a Type I Action per 6 NYCRR
617.4 (b)(6)(i) and 617.4 (b)(9) and a Coordinated Review of the environmental assessment was made
with the Town of Lansing Planning Board acting as lead agency. The Town of Lansing Planning
Board, after careful review of all materials submitted, did on February 27, 2023 issue a Negative
Declaration of Significance.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Town of Lansing Zoning Board of Appeals (ZBA) hereby makes the following findings with
respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b) and other
applicable provisions of law and of the Zoning Ordinance:
1. 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
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87 Findings: The Board finds that the signs are part of the commercial use and are in character with
88 the existing surrounding uses and as such the proposed will have no, or a small impact on the
89 character of the neighborhood. The area is characterized by commercial uses and is zoned to
90 permit commercial uses. There are approximately 47 commercial/industrial parcels within one
91 mile of the Project. Thirteen commercial properties exist within a '/a mile radius of the project,
92 including Rogue's Harbor Inn, Salt Point Brewery, a funeral home, a sub/sandwich shop, a
93 chiropractic office, a Seido Karate academy, a convenience store, an auto dealer, and a shopping
94 plaza containing an ice cream shop, a pizzeria and barber/salon. The project, itself located on the
95 site of a former fueling station, has made many modifications including reducing the area and
96 number of signs requested and incorporating cutoff lighting fixtures to minimize the potential
97 impact.
98
99 2. Whether the benefit sought by the applicant can be achieved by some method feasible
100 for the applicant to pursue other than an area variance:
101
102 Yes No X
103
104 Findings: The applicant is requesting an increase in the total number and area of signs from what
105 is permitted under the zoning law. There is no other way to achieve this other than requesting
106 relief from the regulation.
107
108 3. Whether the requested area variance is substantial:
109
110 Yes X No
III
112 Findings: The request is substantial.
113
114 4. Whether the proposed variance will have an adverse effect or impact on
115 the physical or environmental conditions in the neighborhood or district:
116
117 Yes No X
118
119 Findings: The project is considered a Type I action per 6 NYCRR 617.4 (b) (6) (i) and 617.4 (b) (9)
120 and a Coordinated Review of the environmental assessment was made with the Town of Lansing
121 Planning Board acting as lead agency. The Town of Lansing Planning Board, after careful review
122 of all materials submitted, did on 27 February 2023 issue a Negative Declaration of Significance.
123 The Zoning Board of Appeals does not find that increasing the total number or area of signs at
124 the project location will have a negative impact on the physical or environmental conditions in the
125 neighborhood.
126
127 5. Whether the alleged difficulty was self-created:
128
129 Yes X No
130
131 Findings: The difficulty is self-created as the owner (Dandy Mini Mart) is a seasoned developer
132 with multiple store locations and failed to conduct the proper due diligence on the Town's sign
133 regulations prior to purchasing the property.
134
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135 DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
136
137 It is hereby determined by the Town of Lansing Zoning Board of Appeals (ZBA) that the following
138 area variance is granted with any conditions hereafter stated (if any), it being further found and
139 determined that (i) the benefit to the applicant outweighs any potential negative impacts or
140 detriment to the neighborhood or community; and (ii) such area variance are the minimum
141 necessary as adequate to grant relief and at the same time preserve and protect the character of the
142 neighborhood and the safety and welfare of the community.
143
144 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: To permit 11 signs totaling 341
145 square feet area at the Dandy Mini Mart located at the East Shore Drive and Ridge Road.
146
147 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS
148 GRANTED?
149
150 Yes No X
151
152 STATEMENT OF CONDITIONS:
153
154 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND
155 RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS
156 FOLLOWS:
157
158 Motion by: Richard Hayes
159 Seconded by: Susan Tabrizi
160
161 Vote as Follows:
162 Judy Drake — Aye
163 Richard Hayes — Aye
164 Mary Stoe — Absent
165 Susan Tabrizi — Aye
166 Jack Young — Aye
167
168 Dated: 22 March 2023
169
170 Chair Judy Drake adjourned meeting at 7:28 PM
171
172 Minutes executed by Heather Dries
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