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Lansing's Zoning Board of Appeals (ZBA) ruled Tuesday that a proposed Bed & Breakfast on Emmons Road fits the definition as laid out in Lansing's zoning ordinance, and that plans for turning a historic barn into an events venue likewise conforms to the code.  The board affirmed Planning Consultant Michael Long and Code Enforcement officer Lynn Day's interpretation of the law as it applies to the Osmica project in denying an appeal brought by Cathy Barron, a neighbor.  Osmica owner Kurt Martin was taken aback by the strong opposition by his neighbors in at least three or four public meetings so far.

"We are not some big developers who want to come in and trample the neighborhood," he said. "We're a husband and wife who fell in love with this historic farm and wanted to give it a new life.  We've been taken aback by the response. We wish people could see it the way that we see it. We're trying our best to do right by the farm and respect its historic character."

The appeal asked the ZBA to rule on the interpretation of two definitions in Article III of the Lansing land use ordinance of 2015.  The ordinance defines a banquet hall / reception venue as " building or space to host small gatherings, special events, weddings, parties, retirement ceremonies, etc."  It defines a Bed and Breakfast as an "owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than ten (10) transient lodgers, and containing at least three but not more than five bedrooms for such lodgers."

Barron's attorney Mahlon Perkins argued that simply being in the residence when guests are present doesn't constitute the residence being 'owner occupied', and said that the events planed for the banquet hall / reception venue are too large to fit the definition of 'small gatherings, special events, weddings, parties, retirement ceremonies, etc.'.

But ZBA member Peter Larson said that because of the punctuation used, he interprets the definition as saying that 'small gatherings' are part of a list of things that are allowed uses, in addition to the other types of events that the law does not define the size of.

Randall Marcus, the attorney for the property owners Kurt Martin and Allison Trdan, agreed with Larson's interpretation, and further argued that 'owner occupied' does not mean living in a house full time.  There was a lengthy discussion about the definition of owner occupied dwellings, including the way state law defines cabins and vacation homes, which may be considered 'owner occupied'.

"The old adage is you can have as many residences as you wish, but you can only have one domicile," said Town Attorney Guy Krogh. "Your domicile is your permanent home.  There are a lot of owner-occupied structures, especially throughout the Finger Lakes, that are not necessarily domiciles, but they still are owner-occupied.  So when you look at a zoning interpretation you're going to have to look and see whether or not these terms are defined. if they're not then you apply their plain language meaning under the basic rule that if it's ambiguous, the landowner wins."

As ZBA members tried to understand the intent of officials who wrote the ordinance, Lansing Councilwoman Katrina Binkewicz said the had been involved in those discussions at the time.  A ZBA member asked why the events use was only included in RA (Rural Agricultural) zones, and not other ones, she replied, "I think, at the time, people who lived in RA, and a lot of them owning a lot of land, didn't want a lot of restrictions.  they wanted to have more options.  They thought that because there's a lot of space there would be plenty of buffering."

Martin said that because his wife,  Allison Trdan,  teaches in the city it makes sense that they live there during the school year because she can walk to school in winter weather.  But he added that they plan to be in their Emmons Road home more than only the times when Bed & Breakfast visitors are there, and said they hope to spend even more time there as time goes on.  At present he said the old insulation has been torn out so it is too cold for them to live there.

"Nowhere in the zoning code does it require it to be one's primary or principal residence," he said. "It just says 'owner occupied'.  There are a number of lake homes in the area and things like that that are owner occupied.  They use them for vacations, weekends, summers... they're still owner occupied homes.  Given how closely people are following everything we say, it's made us hesitant to commit to being there for X number of hours per week by such and such a date, because we can't promise that.  So we're trying to emphasize our intent to comply fully with the law as it's written."

The board ruled that the land use under review is an allowed use, and disagreed with the two interpretations of the ordinance in the appeal.  They voted 3-1 to deny the appeal, with ZBA Alternate member Melanie Malone dissenting.  Malone was granted voting rights so that she could fill in for two ZBA members who were unable to attend.

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