HomeMy WebLinkAbout05-10-2023 ZBA Minutes1
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Town of Lansing
Zoning Board of Appeals Meeting
Wednesday, May 10, 2023 6:30 PM
Lansing Town Hall, 29 Auburn Rd
Present
Judy Drake, Chair
Richard Hayes
Mary Stoe
Susan Tabrizi
Jack Young
Other Staff Present
John Zepko, Acting Director of Planning
Heather Dries, Planning Clerk
Public Present
Steve Ruoff, Michelle Zirbel.
Excused
Bronwyn Losey, Councilperson
Chair Judy Drake opened the meeting at 6:31pm
Action Items:
Proiect: Variance for relief from §142-5(5)(a) — Flood Damage Protection- Construction
Standards for Non Residential Structures
Applicant: Steve Ruoff
Location: 34 Ladoga Park Road, TPN 33.-1-59
Project Description: The applicant is applying for a variance from §142-5(5)(a) of the Flood
Damage Prevention Law, requiring the top of the lowest floor to be raised 2' above the Base
Flood Elevation (BFE). BFE is 385.6 feet. The applicant is seeking approval to permit wet flood
proofing of the structure in accordance with NFIP technical bulletin 7.
SEAR: This is an Unlisted action requiring no further SEAR review.
Anticipated Action: Review of the application
Summary of Discussion:
• Steve Ruoff was present to discuss this project.
• The applicant described the reason for his request.
• The Director of Planning described the laws requiring the applicant to pursue this
variance.
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AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant: Steve Ruoff Variance No: 23-02
38 Ladoga Park Rd Zoning District: L1
Public Hearing: NA
Tax Parcel #: 33.-1-59
Requirement for which Area Variance is requested: Town of Lansing Code ("Code"): Section
210-5 1(1) — maximum number of commercial signs; 210-8 A. — maximum size of a commercial
signs.
RESOLUTION AND FINDINGS
WHEREAS Steve Ruoff, owner of 38 Ladoga Park Rd, TPN 33.-1-59 is requesting relief from
Town of Lansing Flood Damage Prevention Code §142-5(5)(a), which requires the top of the
lowest floor to be raised 2' above the Base Flood Elevation (BFE). BFE is 385.6 feet. The
applicant is seeking approval to permit wet -flood proofing of an accessory structure in
accordance with FEMA Floodplain Management Bulletin P-2140 and NFIP technical bulletin 7.
WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires
that a Lead Agency be established for conducting environmental review of projects in
accordance with state environmental law and the Lead Agency shall be that local agency which
has primary responsibility for approving and funding or carrying out the action; and
WHEREAS, the Zoning Board of Appeals, being the local agency which has primary responsibility
for approving the action classifies this application as an Unlisted Action and declares itself the
Lead Agency for the review of this action under SEQRA; and
WHEREAS on April 10, 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 variance; (ii) all other information and materials properly before the ZBA; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the Zoning Board of Appeals of the Town of Lansing determines the proposed project will
result in no significant impact on the environment and that a Negative Declaration for purposes
of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of
Part 617 of the State Environmental Quality Review Act for the action of granting relief from
Town of Lansing Flood Damage Prevention Code §142-5(5)(a),; and be it further Resolved
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The Town of Lansing Zoning Board of Appeals (ZBA) hereby makes the following findings with
respect to the specific criteria for a Variance from the Flood Damage Prevention Law as set forth
in Town of Lansing Code 142-5(B)(6) :
(1) The danger that material may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program of that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The costs to local governments and the dangers associated with conducting search and
rescue operations during periods of flooding;
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(12) The costs of providing governmental services during and after flood conditions, including
search and rescue operations, maintenance and repair costs to utilities and facilities such as
sewer, gas, electrical, and water systems, and streets and bridges
DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
It is hereby determined by the Town of Lansing Zoning Board of Appeals (ZBA) that the
following variance IS granted.
DESCRIPTION OF SPECIFIC VARIANCE GRANTED: To grant relief from Town of Lansing Zoning
Code §142-5(5)(a) of the Flood Damage Prevention Law, which requires the top of the lowest
floor to be raised 2' above the Base Flood Elevation (BFE) and to permit wet -flood proofing of
an accessory structure in accordance with FEMA Floodplain Management Bulletin P-2140 and
NFIP technical bulletin 7.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE VARIANCE AS GRANTED?
Yes X No
STATEMENT OF CONDITIONS:
1. The accessory structure cannot be converted for any use other than as a structure by
which to store low value property accessory and incidental to the principal residential
structure.
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128 2. Accessory structure may not be used to store hazardous and/or water reactive contents
129 which may create a threat to the public safety, health, or welfare if flooded.
130
131 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN
132 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
133
134 Motion by: Mary Stoe
135 Seconded by: Susan Tabrizi
136
137 Judy Drake — Aye
138 Richard Hayes —Aye
139 Mary Stoe — Aye
140 Jack Young — Aye
141 Susan Tabrizi — Aye
142
143 Dated: 10 April 2023
144
145 Project: Area Variance
146 Applicant: Michelle Zirbel
147 Location: 1173 Auburn Rd, Tax Parcel No. 6.-1-18
148 Project Description: The applicant is proposing to construct an ice cream window with a roof
149 covering the area 20 feet along the north side of the building and extending 8 feet to the side
150 property line, 0' from the property line, where 15' is required.
151 The applicant is applying for an Area Variance from Town of Lansing Zoning Law § 270-11,
152 Schedule II: Area, Frontage, Yard, Height and Coverage Requirements.
153 SEAR: This is a Type II Action under the State Environmental Quality Review Act 6 NYCRR
154 617.5(c)(16)
155 Anticipated Action: Discussion
156
157 Summary of Discussion:
158 • Michelle Zirbel was present to discuss this project.
159 • The applicant described the reason for the request.
160 • The Fire District will be discussing this project at their upcoming meeting and will be
161 providing a statement for the next meeting.
162 • The Zoning Board of Appeals has requested a larger map, drawing of the roof and
163 serving counter with dimensions, and a statement from the Fire District.
164 • The Zoning Board of Appeals has set a public hearing for June 14, 2023.
165
166 Chair Judy Drake adjourned meeting at 7:14 PM
167
168 Minutes taken and executed by Heather Dries
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