HomeMy WebLinkAboutNB - 3 Cortlandville Zoning Variance ApplicationTOWN OF CORTLANDVILLE
3577 TERRACE ROAD
CORTLAND, NY 13045
ZONING BOARD OF APPEALS
AREA VARIANCE FINDINGS & DECISION
Applicant: Larry Regan of Regan Development Phone#: 914-693-6613
Address: 1055 Saw Mill Road #204, Ardsley NY 10502 Fee:
Property Owner: Vince Casiero of CB Cortlandville LLC
Appeal Concerns Property at the following address: NYS Route 13
Tax Map #: 95.00-10-11.100
Zoning District Classification: B-3
Use for which Variance is requested:
Applicable Section(s) zgranted
ticle 178 Section 76A (5)
Signature: Date: t�
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TEST: No area variancout a consideration by the board of the following factors:
1. Whether an undesirable change would be produced in character of neighborhood or a
detriment to nearby properties: Yes No X
Reason: The parcel to the south and west are vacant or an active mine. parcel to the north and
east are commercial businesses.
2. Whether benefit sought by applicant can be achieved by feasible alternative to the variance:
Yes No X
Reason:_ Mixed Use building in suburban setting can be difficult to occupy. We what to limit the
commercial tenant space in the mixed use buildings so compatible uses between commercial
tenants and renters can be achieved. Lastly based upon the site plan the location of business
is over 600 feet from NYS Route 1, thus limited tenant occupancy is anticipated for these two
buildings due to the lack of visibility.
Zoning Board of Appeals Area Variance Findings & Decision
Whether the requested variance is substantial: Yes No X
Reason:. No the area variance is not substantial as over commercial square footage proposed is
greater then the square footage of floor plate of multi -family building. Thus the project is
meeting the intent of the zoning law in which the project site has an equal mixed-use rate.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No X
Reason:. Moving the required commercial square footage within one building to another location on
the site does not impact the physical or environmental conditions in the neighborhood as
the allowed square footage under zoning is still present.
5. Whether the alleged difficulty was self-created: Yes No X
Reason:_ Where the mixed use buildings are located the lack of visibility and road frontage is a
concern in finding commercial tenants to fill the space. Also the applicant seeks compatible
uses between commercial tenants and rents so not to adversely affect renters.
DETERMINATION OF ZBA BASED ON THE ABOVE FIVE FACTORS:
The ZBA, after taking into consideration the above five factors, finds that:
The Benefit to the Applicant DOES NOT outweigh the Detriment to the Neighborhood or
Community and therefore the variance request is denied.
The benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community.
Reason: