HomeMy WebLinkAboutZBA Resolution 25-05 13 Waterwagon Rd Area VarianceTOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
APPROVAL OF AREA VARIANCE
40' x 100' STORAGE BUILDING AT 13 WATERWAGON ROAD
BACKGROUND INFORMATION
Applicant: Scott Hicks, property owner Variance No: 25-05
Property Location: 13 Waterwagon Road Zoning District: AG
Tax Parcel #: 42.-1-1.121 Public Hearing lishb05/01600' Notices Mai 0
Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 27
Attachment 2 Schedule II for a front yard (north) setback of 6'-6" where 60' is required.
RESOLUTION AND FINDINGS:
WHEREAS an application was made by Andy Sciarabba, on behalf of the owner Scott Hicks, for an Area
Variance seeking relief, from the required front yard setback, for the placement of a new 40' x 100' storage
building as shown on "Proposed Storage Replacement Building" dated 18 MAR. 2025. This property is located
within the R2 zoning district which, per § 270 — 27 Attachment 2 Schedule II requires a 60' front yard setback;
and
WHEREAS the setbacks for newly proposed storage building are as follows: 1) Northern front yard setback of
6' — 6" whereas 60' is required, 2) Eastern side setback of 58' — 4" whereas 10' is required, 3) Southern rear
setback of 430'+ whereas 25' is required, and 4) Western side setback of 250'+ whereas 10' is required; and
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WHEREAS project plans, and related information, Were duly delivered to the Tompkins County Planning and
Sustainability Department per General Municipal Law § 239; et seq., and such Department responded in a letter
dated 02 May 2025, from Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §239 -
1, -m, and -n of the New York State General Municipal Law, which recommend the Town require the applicant
to document that they have considered the four energy elements for new construction projects outlined in the
attached Tompkins County Energy Recommendations for New Construction (2018) ; and
WHEREAS this project has been classified as a Type II action under SEQRA (617.5(C)(9)), and therefore will
not require any further environmental review; and
W14EREAS legal notice was published on 01 May 2025 and adjacent property owners within 600 linear feet
were notified by mail on the 24 April 2025; and
WHEREAS pursuant to Town Code § 270-27(F), a public hearing was duly held before the Zoning Board of
Appeals upon 14 May 2025. The public was duly allowed to speak upon and address the proposed Area Variance;
and
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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 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 V Findings: No
b. Whether the benefit sought by the applicant can be achieved by some method, feasibleforthe
applicant to pursue, other than an area variance?
Yes No V Findings: No, moving the storage building is not a feasible option, slab would move,
distance too far.
c. Whether the requested area variance is substantial?
Yes V No _ Findings: Wouldn't be 60' reg 4hU._
d. Whether the proposed variance ill vegan adverse effect or impact on
the physical or environmental conditionseighb tor district?
Yes No Findings:
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e. Whether the alleged difficulty was self-created?
Yes No V Findings: Zoning changes caused a non- self-created situation.
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, from the required front yard setback, for the placement of anew 40' x 100' storage
building. The setbacks for newly proposed storage building are as follows: 1) Northern front yard setback of 6' —
6" whereas 60' is required, 2) Eastern side setback of 58' — 4" whereas 10' is required, 3) Southern rear setback
of 430'+ whereas 25' is required, and 4) Western side setback of 250'+ whereas 10' is required.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
Yes No
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STATEMENT OF CONDITIONS:
1. No conditions
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE
TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
Dated: 14 May 2025
Motioned by: Richard Hayes
Seconded by: Susan Tabrizi
VOTE AS FOLLOWS:
Richard Hayes — Aye
Jamie Jones (Alt.) — Aye
Mary Stoe —Absent
Susan Tabrizi — Aye
Roger VandePoel — Aye
Jack Young — AyeF
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Received in the Lansing Town Clerk's Office on JYIc3L=i
A �" ,
Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York
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