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HomeMy WebLinkAboutZBA Resolution 25-06 339 Lansing Station Rd Area VarianceAREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicant: Ed Elliott, owner's architect 339 Lansing Station Road Lansing, NY 14882 Property Location: 339 Lansing Station Road Tax Parcel #: 14.-2-46 Variance No: 25-3 Zoning District: Ll with Lake Frontage Public Hearing Published on: 05/29/25 600' Notices Mailed: 05/22/25 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 Schedule II, Frontage, Yard, Height, and Coverage Requirements RESOLUTION AND FINDINGS WHEREAS, Ed Elliott, applicant and owner's architect for 339 Lansing Station Road Tax Parcel No. 14.-2-46 located in the Ll Zone, applied for two area variances to enable construction of a new residential home addition. Two area variances are requested for relief from Town of Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for (1) a side yard setback (south) of 8.45' where 10' is required and (2) a rear (east) setback of 1.2' where 25' is required; and WHEREAS, on 11 June 2025 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)(11), construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in paragraph (13) of this subdivision and the installation, maintenance or upgrade of a drinking water well or a septic system, or both, and conveyances of land in connection therewith; 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: Page 1 of 3 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: Will be an "upgrade' to the neighborhood and surrounding homes 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: Because of oddly situated lot (divided by RR), this could NOT be achieved by other methods c. Whether the requested area variance is substantial? Yes V No _ Findings: Rear setback is a large variance request; however, lot is preexisting non- conforming — this is to document that non- compliance 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: None 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: Two area variances are requested for relief from Town of Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for (1) a side yard setback (south) of 8.45' where 10' is required and (2) a rear (east) setback of 1.2' where 25' is required. ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes _ No STATEMENT OF CONDITIONS: no conditions of approval Page 2 of 3 n THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Mary Stoe Seconded by: Roger VandePoel Richard Hayes —Aye Jamie Jones (Alt.) —Aye Mary Stoe — Aye Susan Tabrizi —Aye Roger VandePoel — Aye Jack Young — Absent Dated: 11June 2025 Received in the Lansing Town Clerk's Office on JLx"- Ja, 6z)Q S Page 3 of 3 Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York