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Home My WebLink About03-13-24 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, March 13, 2024 6:30 PM Lansing Community Center, 29 Auburn Rd Present Excused Jack Young, Chair Rick Hayes Mary Stoe Susan Tabrizi Other Staff Present John Zepko, Acting Director of Planning Kelly Geiger, Planning Clerk Mason Molesso, Planner Christine Montague, Town Board Member Public Present John Duthie Chair Jack Young opened the meeting at 6:30pm Action Items: Project: Area Variance Applicant: John Duthie, owner Location: 484 Ridge Road, TPN 32.-1-3 Project Description: The applicant is applying for relief to install a new 32 sq/ft sign for their storage business. The following (two) variances are requested: One area variance from Town of Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for front yard (west) 37 feet where 80 feet is required within R2 Zoning located on State RT 34. A second area variance from Town of Lansing Sign Law §210-6 Rules Applicable to Residential Sign District for a 32 sq/ft sign where 18 sq/ft is required within Residential Sign District SEQR: This is an Unlisted action Anticipated Action: Review of the application and SEQR Determination Summary of Discussion: • John Duthie was present to discuss this project. • The applicant discussed the reason for the need of the variance, location, direction, dimensions, and the purpose of the project. • No public was present Page 1 of 3 Motion to Open the Public Hearing for 484 Ridge Rd at 6:33vm. Moved by: Mary Stoe Seconded by: Susan Tabrizi (Motion Carried) Motion to Close the Public Hearine for 484 Ridge Rd at 6:39 pm. Moved by: Rick Hayes Seconded by: Susan Tabrizi (Motion Carried) AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicant and Owner: John Duthie 484 Ridge Road Variance No: 24-03 Lansing, NY 14882 Zoning District: R2 Public Hearing Published on: 2/26/24 Property Location: 484 Ridge Road 600' Notices Mailed: 2/27/24 Tax Parcel #: 32.-1-3 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 Schedule II, Frontage, Yard, Height, and Coverage Requirements, Town of Lansing Sign Law §210-6 Rules Applicable to Residential Sign District RESOLUTION AND FINDINGS WHEREAS, John Duthie, Applicant and Owner of 484 Ridge Road, Tax Parcel No. 32.-1-3 located in the R2 Zone, applied for two (2) Area Variances to install a new sign for "United Storage": One variance from Town of Lansing Zoning Law § 270-11, Schedule II Area, Frontage, Yard, Height, and Coverage Requirements for front yard (west) setback of 40 feet where 80 feet is required. A second variance from Town of Lansing Sign Law § 210-6 for a 32 sq/ft sign where 18 sq/ft is required within the Residential Sign District. WHEREAS, on 13 March 2024 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 617.5(c)(12), (construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density), such that no further environmental review is required; 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: Page 2 of 3 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: c. Whether the requested area variance is substantial? Yes X_ No Findings: "Yes, but not dispositive" 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: e. Whether the alleged difficulty was self-created? Yes _X _ No _ Findings: Applicants desire to vary from required set back was self-created but the miscommunication regarding the sign size was not. 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: two (2) Area Variances to install a new sign for "United Storage": One variance from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for front yard (west) setback of 37 feet where 80 feet is required. A second variance from Town of Lansing Sign Law § 210-6 for a 32 sq/ft sign where 18 sq/ft is required within the Residential Sign District; and ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes —X_ No STATEMENT OF CONDITIONS: Applicant must also make reasonable attempt to remove old/existing sign (not including post). The applicant will contact the planning department if any issues with removal arise. THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Rick Hayes Seconded by: Mary Stoe Richard Hayes —Aye Mary Stoe — Aye Susan Tabrizi - Aye Jack Young — Aye Dated: 13 March 2024 149 Chair Jack Young adjourned meeting at 6:55 PM 150 151 Minutes taken and executed by Kelly Geiger Page 3 of 3