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HomeMy WebLinkAbout04-9-25 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, April 9, 2025 6:30 PM Lansing Town Hall, 29 Auburn Rd Present Jack Young, Chair Susan Tabrizi Rick Hayes Roger VandePoel Jamie Jones Other Staff Present Kelly Geiger, Planning Clerk Mason Molesso, Town Planner Judy Drake, Liaison Public Present Lisa H. Schultz Becky Kirby Kevin Kirby Tom Kirby Nick Jordan Shelly Uhl -Stark Lynne Sheldon Jack Young opened the meeting at 6:32pm Action Items: Excused Mary Stoe Proiect: ReauestinLy an Area Variance for an in -home animal care facilitv Project: Requesting an Area Variance for an in -home animal care facility Applicant: Kevin Kirby, owner/operator Location: 89 Goodman Road, TPN 20.-1-8.220 Project Description: The applicant has applied for an Area Variance and is seeking relief from a 150' setback requirement applicable to Animal Care Facilities located in the AG zoning district. SEQR: This project is a Type II action Anticipated Action: Hold Public Hearing, conditions & approval Summary of Discussion: • Kevin Kirby, Lisa Schultz, Shelly Uhl Stark and Lynne Sheldon were present to discuss this project. • Zoning, privacy fencing, placement of fencing, secured gate, shrub screening and maintenance, number of dogs. • The board approved the Variance with conditions Page 1 of 7 TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION APPROVAL OF AREA VARIANCE WITH CONDITIONS BARKSVILLE INN ANIMAL CARE FACILITY BACKGROUND INFORMATION Applicant: Kevin Kirby, owner/operator Variance No: 25-03 Property Location: 89 Goodman Road Tax Parcel #: 20.-1-8.220 Zoning District: AG Public Hearing Published on: 03/27/25 600' Notices Mailed: 03/25/25 Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 270-37.7(C) Zoning Uses — Principal, Accessory and Temporary. RESOLUTION AND FINDINGS: WHEREAS an application was made by Kevin Kirby, owner/ operator, for an Area Variance seeking relief for the placement of an Animal Care Facility located within the residence at 89 Goodman Road, and as shown on "Site Plan No. 89 Goodman Road" dated 1/14/2025. This property is located within the AG zoning district which, per § 270-37.7(C), requires a 150' setback from any portion of the facility (including fencing and runs) to all property lines; and WHEREAS the setbacks for the currently existing facility are as follows: 1) Northern setback is 150'+ requiring no variance, 2) Eastern setback is 5' from property line whereas 150' is required (145' variance), 3) Southern setback is 55' from property line whereas 150' is required (95' variance), and 4) Western setback is 50' from property line whereas 150' is required (100' variance); and WHEREAS this project is exempt from General Municipal Law § 239 per the 24 November 2003 Inter -governmental Agreement; and WHEREAS this project has been classified as a Type II action under SEQRA, and therefore will not require any further environmental review; and WHEREAS legal notice was published on 27 March 2025 and adjacent property owners within 600 linear feet were notified by mail on the same date; and WHEREAS pursuant to Town Code § 270-27(F), a public hearing was duly held before the Zoning Board of Appeals upon 9 April 2025. The public was duly allowed to speak upon and address the proposed Area Variance; and 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: Page 2 of 7 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 Findings: Minor 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 %/ Findings: c. Whether the requested area variance is substantial? Yes No V Findings: 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 %/ Findings: e. Whether the alleged difficulty was self-created? Yes No %/ Findings: DETERMINATION BASED ON THE ABOVE FACTORS: It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the following area variances are 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 seeking relief for the placement of an Animal Care Facility located within the residence at 89 Goodman Road. The setbacks for the currently existing facility are as follows: 1) Northern setback is 150'+ requiring no variance, 2) Eastern setback is 5' from property line whereas 150' is required (145' variance), 3) Southern setback is 55' from property line whereas 150' is required (95' variance), and 4) Western setback is 50' from property line whereas 150' is required (100' variance) ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes V No Page 3 of 7 STATEMENT OF CONDITIONS: 1. Applicant shall square up fence (from the southeast corner of house to the southeast corner of fencing) to eliminate "jog" and create a larger area for buffer plantings between eastern fence line and eastern property line. 2. Entire perimeter fencing shall be upgraded to include a prevention measure which will prevent dogs from digging under and escaping from beneath the fencing. 3. The Eastern section of fencing shall be replaced with solid fencing that has zero transparency to minimize visual exposure between facility dogs and neighboring dogs. 4. Shrub screening shall be installed along the eastern property line, between fencing and property line, to provide additional visual and audio buffering. a. Shrub screening shall be no less than a height of 5 feet at time of installation. b. Shrub screening shall be adequately maintained and cared for. 5. Facility is limited to no more than 6 dogs at any given time, including dogs registered to the owner as his own, Effective upon issuance of this variance. 6. Access gate along eastern fence line shall remain closed and always locked as to prevent the escape of dogs onto neighboring properties. 7. This project shall be reviewed by, and receive Site Plan Approval from, the Town of Lansing Planning Board. a. Applicants shall make all necessary upgrades to fencing and installation of screening, in addition to any applicable Planning Board conditions of approval, within 60 days from dated resolution approving the Site Plan. THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Dated: 9 April 2025 Motioned by: Richard Hayes Seconded by: Roger VandePoel VOTE AS FOLLOWS: Richard Hayes — Aye Jamie Jones (Alt.) — Aye Mary Stoe — Absent Susan Tabrizi — Aye Roger VandePoel — Aye Jack Young — Aye Page 4 of 7 Action Items: Proiect: Requesting an Area Variance for construction of a 24' x 40' pole barn garage Project: Requesting an Area Variance for the construction of a 24' x 40' pole barn garage Applicant: Nick Jordan, property owner Location: 394 Van Ostrand Road, TPN 29-1-17 Project Description: The applicant has applied for an Area Variance to construct a 24' x 40' (approx. 960 sq/ft) pole barn and needs relief from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a 1) southern side yard setback of 4' where 15' is required and for a 2) western rear setback of 4' where 25' is required. SEQR: This project is a Type II action Anticipated Action: Hold Public Hearing, conditions & approval Summary of Discussion: • Nick Jordan was present to discuss this project • Removal of shed, placement of pole barn, trees and shrubs, neighbors input • Board approved the Variance TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION APPROVAL OF AREA VARIANCE POLE BARN LOCATED AT 394 VAN OSTRAND ROAD BACKGROUND INFORMATION Applicant: Nick Jordan, owner Variance No: 25-04 Property Location: 394 Van Ostrand Road Zoning District: AG Tax Parcel #: 29.-1-17 Public Hearing Published on: 03/29/25 600' Notices Mailed: 03/28/25 Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 270-27 Attachment 7 Area, Frontage, Bulk Regulations, Heights and Setback Requirements for AG Zoning District. RESOLUTION AND FINDINGS: WHEREAS an application was made by Nick Jordan, property owner, for an Area Variance seeking relief for the placement of a 24' x 40' pole barn style garage building located on land at 394 Van Ostrand Road. WHEREAS the required setbacks for this property are: 1) a front (east) yard setback of 60' which can be met, 2) a side (north) yard setback of 15' which can be met, 3) a rear (west) yard setback of 25' whereas the applicant is requesting 4', and 4) a side (south) yard setback of 15' whereas the applicant is requesting 8'; and Page 5 of 7 WHEREAS this project is exempt from General Municipal Law § 239 per the 24 November 2003 Inter -governmental Agreement; and WHEREAS this project has been classified as a Type II action under SEQRA, and therefore will not require any further environmental review; and WHEREAS legal notice was published on 29 March 2025 and adjacent property owners within 600 linear feet were notified by mail the same date; and WHEREAS pursuant to Town Code § 270-27(F) a public hearing was duly held before the Zoning Board of Appeals upon 9 April 2025. The public was duly allowed to speak upon and address the proposed Area Variance; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2. 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 Findings: 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 V Findings: c. Whether the requested area variance is substantial? Yes No Findings: 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 V Findings: e. Whether the alleged difficulty was self-created? Yes No Findings: DETERMINATION BASED ON THE ABOVE FACTORS: It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the following area variances are 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. Page 6 of 7 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance seeking relief for the placement of a 24' x 40' pole barn style garage building located on land at 394 Van Ostrand Road. the required setbacks for this property are: 1) a front (east) yard setback of 60' which can be met, 2) a side (north) yard setback of 15' which can be met, 3) a rear (west) yard setback of 25' whereas the applicant is requesting 4', and 4) a side (south) yard setback of 15' whereas the applicant is requesting 8'. ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes No STATEMENT OF CONDITIONS: N/A THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Dated: 9 April 2025 Motioned by: Susan Tabrizi Seconded by: Richard Hayes VOTE AS FOLLOWS: Richard Hayes — Aye Jamie Jones (Alt.) — Aye Mary Stoe — Absent Susan Tabrizi — Aye Roger VandePoel — Aye Jack Young — Aye Jack Young adjourned the meeting at 7:53 PM Minutes taken and executed by Kelly Geiger Page 7 of 7