HomeMy WebLinkAboutZBA Resolution 25-03 89 Goodman Rd Area VarianceTOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
APPROVAL OF AREA VARIANCE WITH CONDITIONS
BARKSVILLE INN ANIMAL CARE FACILITY
BACKGROUND INFORMATION
Applicant: Kevin Kirby, owner/operator
Property Location: 89 Goodman Road
Tax Parcel #: 20.-1-8.220
Variance No: 25-03
Zoning District: AG
Public Hearing Published on: 03/27/25
600' Notices Mailed: 03/25/25
Requirement for which an Area Variance is being requested: Town of Lansing Zoning Law § 270-37.7(C)
Zoning Uses — Principal, Accessory and Temporary.
RESOLUTION AND FINDINGS:
WHEREAS an application was made by Kevin Kirby, owner/ operator, for an Area Variance seeking relief
for the placement of an Animal Care Facility located within the residence at 89 Goodman Road, and as shown
on "Site Plan No. 89 Goodman Road" dated 1/14/2025. This property is located within the AG zoning district
which, per § 270-37.7(C), requires a 150' setback frotn any portion of the facility (including fencing and runs)
to all property lines; and k"
WHEREAS the setbacks for the currently existing facility are as follows: 1) Northern setback is 150'+ requiring
no variance, 2) Eastern setback is 5' from property line whereas 150' is required (145' variance), 3) Southern
setback is 55' from property line whereas 150' is required (95' variance), and 4) Western setback is 50' from
property line whereas 150' is required (100' variance); 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 27 March 2025 and adjacent property owners within 600 linear feet
were notified by mail on 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:
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 V No Findings: Minor
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 _ -,,/ Findings:
c. Whether the requested area variance is substantial?
Yes No -./ Findings:
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:
e. Whether the alleged difficulty was self-created?
Yes No -*/ Findings:
DETERMINATION BASED ON THE ABOVE FACTORS:
It is hereby determined by the Town of Lansing Zoning Board of Appeals (the 11Z13A11) 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 for the placement of an Animal Care Facility located within the residence at 89
Goodman Road. The setbacks for the currently existing facility are as follows: 1) Northern setback is 150'+
requiring no variance, 2) Eastern setback is 5' from property line whereas 150' is required (145' variance), 3)
Southern setback is 55' from property line whereas 150' is required (95' variance), and 4) Western setback is 50'
from property line whereas 150' is required (100' variance)
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
Yes V No
Page 2 of 3
STATEMENT OF CONDITIONS:
Applicant shall square up fence (from the southeast corner of house to the southeast corner of fencing) to
eliminate "jog" and create a larger area for buffer plantings between eastern fence line and eastern property
line.
2. Entire perimeter fencing shall be upgraded to include a prevention measure which will prevent dogs from
digging under and escaping from beneath the fencing.
3. The Eastern section of fencing shall be replaced with solid fencing that has zero transparency to minimize
visual exposure between facility dogs and neighboring dogs.
4. Shrub screening shall be installed along the eastern property line, between fencing and property line, to
provide additional visual and audio buffering.
a. Shrub screening shall be no less than a height of 5 feet at time of installation.
b. Shrub screening shall be adequately maintained and cared for.
5. Facility is limited to no more than 6 dogs at any given time, including dogs registered to the owner as his
own, Effective upon issuance of this variance.
6. Access gate along eastern fence line shall remain closed and always locked as to prevent the escape of
dogs onto neighboring properties.
7. This project shall be reviewed by, and receive Site Plan Approval from, the Town of Lansing Planning
Board.
a. Applicants shall make all necessary upgrades to fencing and installation of screening, in addition
to any applicable Planning Board conditions of approval, within 60 days from dated resolution
approving the Site Plan.
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: Richard Hayes
Seconded by: Roger VandePoel
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 Town Clerk's Office on
Page 3 of 3
Debbie Munson,
JJ kLZ,5�0�
Town Clerk
Town of Lansing
Tompkins County, New York