HomeMy WebLinkAboutNB5 - Area Varaince Application - ReaganTOWN 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: Joesph and Dante Armideo
Appeal Concerns Property at the following address: 978 NYS Route 13
Tax Map #: 96.13-01-02.110
Zoning District Classification: B-3
Use for which Variance is requested:
Applicable Section(s) of Zoning code:ZIZ17,1-76-A;5, and rear building setback
Signature: Date: 8/18/22
TEST: No area variance wig granted without 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 X No,
Reason: The as el to the south and Past are vacant or vZdl not he dPvg-QpPd. The parcel to,
the north and west are commercial businesses. Therefore no undesirable change to
the character of the neighborhood is anticipated by this variances.
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 building so compatible uses between commercial
tenant and renters can be achieved. Lastly based upon the site plan the location of business is
over 400 feet from NYS Route 13, thus limited tenant occupancy is anticipated for this building
due to the lack of visibility. Also the rear setback relief cannot be achieved as by other means
as the existing water course cannot be altered and NYS fire code requires certain distances
from building to fire lanes.
Zoning Board of Appeals Area Variance Findings & Decision
3. Whether the requested variance Is substantial: Yes No X
Reason:_ No the area variance is not substantial as commercial square footage proposed is set so
far back from NYS Route 13, shape of lot and environmental constraints limit commercial
retail development on the parcel. The rear setback relief is not substantial as the
proposed building would be closer to vacant land that will not be developed as it was part
of a PDD.
4. Would the variance have an adverse impact on the physical or environmental conditions in the
neighborhood: Yes No X
Reason:_ Reducing the required commercial square footage within one building or allowing the
building closer to property line does not impact the physical or environmental conditions.
5. Whether the alleged difficulty was self-created: Yes No X
Reason:_ Where the mixed use building is located far from NYS Route 13 and the lack of visibility to
Route 13 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. NYS Fire code and watercourse limits of impacts caused the proposed building to
be based the rear building setback line.
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: