HomeMy WebLinkAboutZBA Resolution 25-04 394 Van Ostrand Rd Area VarianceV,
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
Tax Parcel #: 29.-1-17
Zoning District: AG
Public Hearing Published on: 03129/j5
600' Notices Mailed: 03/28/25 E
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: I) 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
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:
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:
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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
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:
I
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 VAIN= ES GRANTED:
4s;
Area Variance seeking relief for the placement of a 2 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 +Ia
STATEMENT OF CONDITIONS:
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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
Received in the Lansing
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Office o `i
k
Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York