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HomeMy WebLinkAbout11-13-24 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, November 13, 2024 6:30 PM Lansing Town Hall, 29 Auburn Rd Present Jack Young, Chair Susan Tabrizi Rick Hayes Roger VandePoel Bruce Barber Other Staff Present Kelly Geiger, Planning Clerk John Zepko, Director of Planning Guy Krogh, Legal Counsel Judy Drake, Liaison Public Present Usman Chaudhry Charles Malcomb Melissa Melko Mollie Messenger Valdir Rigdon Michael Uhrovcik Michelle Compagni Stephen Compagni Chair Jack Young opened the meeting at 6:30pm Action Items: Excused Mary Stoe Proiect: Requesting a Use Variance for placement of a pre-existing storage crate where not permitted Applicant: Michael Uhrovcik, property owner Location: 191 Drake Road, TPN 37.1-1-27 Project Description: The applicant has applied for a Use Variance to permit the placement of a preexisting storage crate in the B2 General Commercial zoning district, which does not permit the placement of a storage crate SEQR: This proposed action is classified as an Unlisted action and will need further review Anticipated Action: Review of application, public hearing, SEQR pt 2 review Summary of Discussion: • Michael Uhrovcik was present to discuss this project • Board suggested that the applicant speak with the Code Officers to see what, if any options are available to keep the crate on the premises. Page 1 of 8 Proiect: Requesting several Area Variances (5 total) for renovations to a single familv dwelling unit including associated site/uatio work Applicant: Craig Modisher, on behalf of property owner Stephen Compagni Location: 1166 East Shore Drive, TPN 48.4-15 Project Description: The applicant has applied for five (5) Area Variance's to complete the construction of a new 125 sgft addition and associated site work. Addition includes the expansion of an existing bedroom and deck within the existing footprint. The first -floor patio will be replaced with a new patio, also within the existing footprint. The applicant is seeking the following relief from §270 Attachment 2 Schedule II Bulk Regulations for 1) nonconforming lot area of 6969 sq/ft where 20,000 sqft is required, 2) nonconforming road frontage of 50' where 75' is required, 3) nonconforming front yard setback of 27.8' where 30' is required, 4) nonconforming side yard setback of 6.5' where 10' is required and 5) nonconforming amount of open space at 66% where 75% is required. This property is located in the L1 Lakeshore zoning district, with lake frontage SEQR: This proposed action is classified as a Type II (617.5 (C)(17)) action and does not require any further review Anticipated Action: Review of application, public hearing Summary of Discussion: • Craig Modisher and Stephen Compagni were present to discuss this project • Existing footprints to remain the same, neighbor concerned about view being blocked by closing in the porch • Board approved the project. AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Variance No: 24-14 Zoning District: L1 with Lake Frontage Public Hearing Published on: 10/31/24 600' Notices Mailed: 10/29/24 Applicant: Craig Modisher, agent on behalf of S. Compagni 1166 E. Shore Drive Lansing, NY 14850 Property Location: 1166 East Shore Drive Tax Parcel #: 48.-1-15 Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 270-11 Schedule II, Frontage, Yard, Height, and Coverage Requirements RESOLUTION AND FINDINGS Page 2 of 8 94 95 WHEREAS, Craig Modisher, applicant and agent for the owners of 1166 East Shore Drive Tax 96 Parcel No. 48.-1-15 located in the L1 Zone with Lake Frontage, has applied for five (5) Area 97 Variance's to complete the construction of a new 125 sgft addition and associated site work. 98 Addition includes the expansion of an existing bedroom and deck within the existing footprint. 99 The first -floor patio will be replaced with a new patio, also within the existing footprint. The 100 applicant is seeking the following relief from §270 Attachment 2 Schedule II Bulk Regulations 101 for 1) nonconforming lot area of 6969 sq/ft where 20,000 sqft is required, 2) nonconforming road 102 frontage of 50' where 75' is required, 3) nonconforming front yard setback of 27.8' where 30' is 103 required, 4) nonconforming side yard setback of 6.5' where 10' is required and 5) 104 nonconforming amount of open space at 66% where 75% is required; and 105 106 WHEREAS, on 13 November 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") 107 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 108 in support of the requested area variance; (ii) all other information and materials properly before 109 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 110 the ZBA; and III 112 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(C)(17), 113 granting of an area variance for a single-family, two-family or three-family residence, such that 114 no further environmental review is required; so, upon due deliberation upon the foregoing, the 115 application, and all evidence and testimony presented to the ZBA. 116 117 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 118 119 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following 120 findings with respect to the specific criteria for area variances as set forth in Town Law § 121 267-b(3)(b), and other applicable provisions of law and of the Zoning Ordinance: 122 123 a. Whether an undesirable change will be produced in the character of the neighborhood 124 or a detriment to nearby properties will be created by the granting of the area variance? 125 126 Yes No _Findings: Changing the footprint to allow for alternative layout would be 127 more detrimental to the neighborhood 128 129 b. Whether the benefit sought by the applicant can be achieved by some method, feasible 130 for the applicant to pursue, other than an area variance? 131 132 Yes No**/ Findings: One neighbor's view WILL be impacted but larger impact is 133 minimal 134 135 c. Whether the requested area variance is substantial? 136 137 Yes No% Findings: Change is 0%; no change in conditions they are already in 138 noncompliance with 139 140 d. Whether the proposed variance will have an adverse effect or impact on 141 the physical or environmental conditions in the neighborhood or district? 142 Page 3 of 8 Yes No Findings: e. Whether the alleged difficulty was self-created? Yes No Findings: 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 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: five (5) Area Variance's to complete the construction of a new 125 sgft addition and associated site work. Addition includes the expansion of an existing bedroom and deck within the existing footprint. The first -floor patio will be replaced with a new patio, also within the existing footprint. The applicant is seeking the following relief from §270 Attachment 2 Schedule II Bulk Regulations for 1) nonconforming lot area of 6969 sq/ft where 20,000 sqft is required, 2) nonconforming road frontage of 50' where 75' is required, 3) nonconforming front yard setback of 27.8' where 30' is required, 4) nonconforming side yard setback of 6.5' where 10' is required and 5) nonconforming amount of open space at 66% where 75% is required. ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes N o V STATEMENT OF CONDITIONS: None imposed 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: Susan Tabrizi Bruce Barber (alt.) — Aye Richard Hayes — Aye Mary Stoe — Absent Susan Tabrizi — Aye Roger VandePoel — Aye Jack Young — Aye Dated: 13 November 2024 Page 4 of 8 Proiect: Requesting a Area Variance for a 12' x 46' shed located in rear (front) vard Applicant: Valdis Rigdon, owner Location: 14 Placid Terrace, TPN 40.-3-36.41 Project Description: The applicant has applied for an Area Variance to locate a 12'x16' shed in the rear of the house; 45' from the centerline of Triphammer Terrace where 60' is required. The property is located on a parcel with two front yards, so this will be treated as a front yard setback despite it being located in the "rear" yard. This property is located in the R1 zoning district SEQR: This proposed action is classified as a Type Il (617.5 (C)(12)) action and does not require any further review Anticipated Action: Review of application, public hearing Summary of Discussion: • Valdis Rigdon was present to discuss this project. • The Board discussed deed restrictions, setbacks and views and approved the project with restrictions. AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Variance No: 24-16 Zoning District: R1 Public Hearing Published on: 10/31/24 600' Notices Mailed: 10/29/24 Applicant: Valdis Rigdon, owner 14 Placid Terrace Lansing, NY 14850 Property Location: 14 Placid Terrace Tax Parcel #: 40.-3-36.41 Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 270- 11 Schedule II, Frontage, Yard, Height, and Coverage Requirements for a front yard (northwest) setback of 45' where 60' is required on Triphammer Terrace. RESOLUTION AND FINDINGS WHEREAS, Valdis Rigdon, owner of 14 Placid Terrace Tax Parcel No. 40.-3-36.41 located in the R1 zoning district, has applied for an area variance to construct a 12' x 16' storage shed in the rear yard of 14 Placid Terrace. Since this lot has double frontage, the "rear yard" is treated as a front yard and must meet those setback requirements. The applicant is applying for one (1) Area Variance: (1) relief from Town of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Page 5 of 8 Yard, Height, and Coverage Requirements for a front yard (northwest/ Triphammer Terrace) setback of 45' where 60' is required; and WHEREAS, on 13 November 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)(17), granting of an area variance for a single-family, two-family or three-family residence, 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 Findings: wouldn't be as convenient for applicant. Is feasible but not desirable 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 NoV Findings: 271 c. Whether the requested area variance is substantial? 272 273 Yes No V Findings: 25% reduction in setback from front yard requirement; not very 274 substantial 275 276 d. Whether the proposed variance will have an adverse effect or impact on 277 the physical or environmental conditions in the neighborhood or district? 278 279 Yes No Findings: 280 281 e. Whether the alleged difficulty was self-created? 282 283 Yes V No Findings: 284 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): Page 6 of 8 285 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 286 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 287 further found and determined that (i) the benefit to the applicant outweighs any potential 288 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 289 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 290 the character of the neighborhood and the safety and welfare of the community. 291 292 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: One (1) Area Variance: (1) relief from Town of 293 Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage 294 Requirements for a front yard (northwest/ Triphammer Terrace) setback of 45' where 60' is 295 required. 296 297 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 298 299 Yes No 300 301 STATEMENT OF CONDITIONS: 302 1. Shed must be manufactured by "Tuff Shed" as discussed during 11/13 meeting. 303 2. West face of shed must be located with -in 10' of the east edge of existing landscape 304 garden bed. 305 3. Shed must be built on grade and is not to exceed 12' maximum height at highest point of 306 gabled roof. 307 4. Shed must be located 45' from centerline of Triphammer Terrace. 308 309 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN 310 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 311 312 Motion by: Bruce Barber 313 Seconded by: Susan Tabrizi 314 315 Bruce Barber (alt) — Aye 316 Richard Hayes —Aye 317 Mary Stoe — Absent 318 Susan Tabrizi —Aye 319 RogerVandePoel —Aye 320 Jack Young — Aye 321 322 323 Dated: 13 November 2024 324 325 326 327 328 Page 7 of 8 329 Proiect: Reauestine a Use Variance to construct a Solar Enerev Facilitv off N. 330 Triphammer Road 331 Applicant: Mollie Messenger, representing Delawar River Solar 332 Location: 0 North Triphammer Road, TPN 44.-1-1.2 and 44.-1-3.3 333 Project Description: The applicant has applied for a Use Variance to construct 2 Solar Energy 334 Facilities offN. Triphammer Road. This project is located in R2 zoning which does not permit 335 the construction of a Solar Energy Facility 336 SEAR: This project is a Type I action (617.4 (B)(2) and 617.4 (6)(i)) and will require further 337 review 338 339 340 Summary of Discussion: 341 • Jack Young Recused himself as Chair and Susan Tabrizi stepped in as Chair 342 • Mollie Messenger, Melissa Melko, Usman Chaudhry and Charles Malcomb were present 343 to discuss this project. 344 • Board discussed Commercial entity in Residential area, definition of utility, the necessity 345 of electricity now vs.future with projects being forced to turn to electricity, public utility 346 standard, next steps, SEQR deliberations 347 348 Susan Tabrizi adjourned the meeting at 8:25 PM 349 350 Minutes taken and executed by Kelly Geiger Page 8 of 8