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Area Variance for Appeal 16-04, Brian Ackerman

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One-time (complete)formal_resolutionone_timeGranted area variances from NYS Town Law § 280A for building on an unmapped, unimproved road and from Red Hook Zoning Law § 143-11A for lot frontage, front yard setback, and lot width, contingent on recording a 25-foot wide easement and Right-of-Way agreement approved by Town Attorney.
First seen
2016-06-08
Latest event
2016-06-08
adopted
Expires
—

Resolution text

RESOLVED

  1. Application #16-04, a request for a variance from NYS Town Law § 280A for a building permit on an unmapped, unimproved road, §143-11A of the Red Hook Zoning Law, District Schedule of Area and Bulk Regulations, for lot frontage, front yard setback, and lot width, as set forth above, be granted on the following grounds, subject to the condition that the applicant record an easement and Right-of-Way agreement, for a 25' wide Right-of-Way, as approved by the Town Attorney
Show preamble — 8 WHEREAS clauses
  • WHEREAS, some ZBA members have visited the site, and the road is in passable condition
  • WHEREAS, the existing lot is BOH approved and suitable for a single family home
  • WHEREAS, the variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties; it is an existing lot of record, consistent with the neighborhood
  • WHEREAS, the needs of the applicant cannot be achieved by other than an area variance; the lot does not have access
  • WHEREAS, the requested variance is substantial numerically, but the impact is not substantial, because the applicant has a 25' wide easement
  • WHEREAS, the requested variance will not affect the physical or environmental conditions in the neighborhood
  • WHEREAS, the hardship for which the variance is sought to rectify was not self-created; it is a pre-existing lot of record
  • WHEREAS, the variance being granted is the minimum variance to meet the needs of the applicant

Lifecycle (1 event)

2016-06-08adoptedvote: unanimous
Adopt the variance resolution for Appeal 16-04 granting area variances from NYS Town Law § 280A and Red Hook Zoning Law § 143-11A, subject to the condition that the applicant record an easement and Right-of-Way agreement for a 25-foot wide Right-of-Way approved by the Town Attorney.
moved by Munn · seconded by Klose
Show text snapshot for this event
Resolved
  1. Application #16-04, a request for a variance from NYS Town Law § 280A for a building permit on an unmapped, unimproved road, §143-11A of the Red Hook Zoning Law, District Schedule of Area and Bulk Regulations, for lot frontage, front yard setback, and lot width, as set forth above, be granted on the following grounds, subject to the condition that the applicant record an easement and Right-of-Way agreement, for a 25' wide Right-of-Way, as approved by the Town Attorney
Whereas
  • WHEREAS, some ZBA members have visited the site, and the road is in passable condition
  • WHEREAS, the existing lot is BOH approved and suitable for a single family home
  • WHEREAS, the variance requested will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties; it is an existing lot of record, consistent with the neighborhood
  • WHEREAS, the needs of the applicant cannot be achieved by other than an area variance; the lot does not have access
  • WHEREAS, the requested variance is substantial numerically, but the impact is not substantial, because the applicant has a 25' wide easement
  • WHEREAS, the requested variance will not affect the physical or environmental conditions in the neighborhood
  • WHEREAS, the hardship for which the variance is sought to rectify was not self-created; it is a pre-existing lot of record
  • WHEREAS, the variance being granted is the minimum variance to meet the needs of the applicant
Subject key: ackerman_area_variance_appeal_16_04